-------
LETTER OF PROMULGATION
From: Co-Chairpersons, Region 9 Response Team
To: Distribution
Subject: Region 9 Oil and Hazardous Substances Pollution
Contingency Plan, Revised December 1982.
1. The Region 9 Oil and Hazardous Substances Pollution Contin-
gency Plan, revised December 1982, is effective upon receipt.
2. The Region 9 Oil and Hazardous Substance Pollution Contingency
Plan, revised May 1979, is hereby cancelled.
3. The plan shall remain in effect until superseded.
4. Procedures for amendments are contained in Section 502 of the
plan.
5. This plan is a non-registered, unclassified publication.
Extracts may be made.
6. Comments and recommendations concerning this plan are invited
and should be addressed to Commander ( mepps), Twelfth Coast
Guard District, Government Island, Alameda, CA 94501.
C.E.LARKIN
Vice Admiral, U. S. Coast Guard
Commander, Coast Guard Pacific Area
SONIA F. CROW
Regional Administrator
EPA Region 9
CH-1
-------
Plan Copy No.
BECORD OF AMENDMENTS
Amendment Number
Entered By
Date Entered
ii
Original
-------
TABLE OF CONTENTS
'Letter of Promulgation i
Record of Amendments ii
Table of Contents ill
List of Effective Pages iv,v
Correction Sheet vi
Executive Summary
100 Introduction 1
200 Policy and Responsibility 6
300 Planning and Response Organization 9
400 Coordinating Instructions ' 26
500 Procedure for Updating the Regional Plan and Annexes 35
Annexes
I - 1100 Distribution
II - 1200 Regional Response Team
III - 1300 Regional Response Center
IV - 1400 Geographical Boundries
V - 1500 Notifications, Communications and Reports
VI - 1600 Public Information
VII - 1700 Legal Authorities
VIII - 1800 Documentation for Enforcement and Cost Recovery
IX .- 1900 Funding
X - 2000 Cleanup Techniques and Policies
XI - 2100 Arrangements for Participation of Non-Federal Groups
XII - 2200 Interagency Support Agreements/Arrangements
XIII - 2300 State Contingency Plans
XIV - 2400 Multi-national Contingency Plans
XV - 2500 Regional Data Base
XVI - 2600 Local Contingency Plans
XVII - 2700 Training and Drills
XVIII - 2800 Disposal
XIX - 2900 FWPCA, CERCLA
XX - 3000 National Contingency Plan (Distributed Under Separate Cover)
XXI - 3100 Index of Other Relevant Operations/Contingency Plans
Associated Local Contingency Plans (Distributed under seperate cover)
a. San Diego Area Local Contingency Plan
b. Los Angeles/Long Beach Area Local Contingency Plan (includes Santa
Barbara)
c. San Francisco Area Local Contingency Plan (Includes Monterey and Humboldt
Bay)
d. EPA Inland Area Region IX - Local Contingency Plan
e. Hawaii Area Local Contingency Plan
iii Original
-------
List of Effective Pages
Letter of Promulgation
Record of Amendments
Table of Contents
List of Effective Pages
Correction Sheet
Executive Summary
Annex I
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
II
TAB A
TAB B
TAB C
III
IV
V
VI
VII
VIII
IX
X
TAB A
TAB B
XI
XII
TAB A
TAB B
TAB C
TAB D
TAB E
TAB F
TAB G
TAB H
XIII
XIV
TAB A
(i)
(ii)
(iii)
(iv-v)
(vi)
(1-35)
(1-1)
(II-l)
(III-l)
(IV-D-UV-13)
(IX-1MIX-8)
(X-l)-(X-S)
(X-A-D-U-A-2)
(X-B-1)
(XII-1)
(XII-A-1).
(XII-B-D-
(XII-C-D-
(XII-D-D-
(XII-E-D-
(XII-F-1).
(XII-G-1).
(XII-H-D-
(XIII-1)
.(XII-A-4)
•(XII-B-4)
•(XII-C-5)
•(XII-D-2)
•(XII-E-3)
.(XII-F-6)
•( XII-G-11)
•(XII-H-2)
Annex XV
(XIV-1)
(XIV-A-1)-(XIV-A-13)
(XV-1)
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
ORIGINAL
iv
Original
-------
Annex XVI
Annex XVII
Annex XVIII
TAB A
TAB B
Annex XIX
Annex XX
Annex XXI
(XVII-1)
ORIGINAL
ORIGINAL
(XVIII-1MXVIII-5) ORIGINAL
(XVIII-A-1) ORIGINAL
(XVIII-B-lMXVIII-B-19) ORIGINAL
(XIX-1)
(XX-1)-(XX-19)
(XXI-1)
ORIGINAL
ORIGINAL
ORIGINAL
Original
-------
CORRECTION SHEET FOR REGION IX
Please indicate any mistakes, additions, or deletions to your agency on this
page and return to:
Commander (mepps)
Twelfth CG District
Government Island
Alameda, CA 94501
Phone: 415-273-7211
1. Name of your agency:
2. Complete address:
3- Representative's Name:_
a. Rep. Title:
b. Rep. Office Phone:
c. Rep. Home or 24-hr Phone:
4. Alternate's Name:,
a. Alt. Title:
b. Alt. Office Phone:_
c. Alt. Home Phone:
5. Any additional comments:
vi Original
-------
100 INTRODUCTION
101 AUTHORITY
101.1 The Federal Water Pollution Control Act as amended by the Clean
Water Act of 1977, (CWA) (33 USC 1321 et. seq.) and the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (CERCLA) (46
USC 4605) states that the President shall prepare and publish a National
Contingency Plan for removal of oil and hazardous substances. Such a plan
shall provide for efficient, coordinated and effective action to minimize
damage from oil discharges or hazardous substance releases. Accordingly, the
Environmental Protection Agency developed the National Oil and Hazardous
Substances Pollution Contingency Plan (40 CFR Part 300).
101.2 The NCP calls for the establishment of a nationwide system of
regional contingency plans. This plan is part of that system and
encompasses Standard Federal Region IX.
101.3 The NCP and this plan require a regionwide net of Local Contingency
Plans. Predesignated On Scene Coordinators (OSC) have prepared such plans
for their zones of responsibility. Local Plans include data on vulnerable
resources, potential pollution sources, cleanup equipment, marine and related
environmental features and other information that will allow the On Scene
Coordinator to quickly plan and organize his response to a pollution
incident. Though published separately, the Local Plans for Region IX are
considered attachments to this plan.
102 PURPOSE AND OBJECTIVES
\This plan provides for a pattern of coordinated and integrated response by
Tigefteies of the Federal, State, and local governments to pollution
incidents. It establishes a Regional Response Team,,and local response
teamsT\ This plan promotes the coordination of Federal, State, and local
resp'onse systems and encourages the development of capabilities by both local
government and private interests to handle or prevent pollution incidents.
103 SCOPE
103.1 \Tiiis Plan is effective for all inland waters, adjoining shorelines,
waters of the contiguous zone and territorial sea, and those waters related
to activities under the Outer Continental Shelf Lands Act or the Deepwater
Port Act or containing resources under the exclusive management authority of
the United States as applies to discharges of oil/] The plan applies to
releases or substantial threats of releases of hazardous substances or
pollutants or contaminants which may present an imminent and substantial
danger to public health or welfare or to any environmental media. Within the
framework of Region IX there are two major geographic zones of responsiblity:
1. Region IX-Mainland (California, Nevada, and Arizona)
2. Region IX-Oceania (Hawaiian Islands, Guam,
the Trust Territories, and the Commonwealth of the Northern
Marinas Island)
103-2 The provisions of this plan are applicable to all Federal
Agencies. This plan is based upon the NCP and may be complemented by Federal
interagency and local assistance plans and agreements.
103.3 This plan is compatible with and complementary to the Joint United
States-Mexico Plan.
1 Original
-------
104 ABBREVIATIONS
104.1 Abbreviations as used in the NCP are used in this Plan without
change.
104.2 General abbreviations-Regionwide;
a. Department and Agency Title abbreviations.
COS \).^. f\?fx-^ CocfS O^ £»NOy'»v4trs
1. CDC - Center for Disease Control
2. DOC - Department of Commerce
3. DOD - Department of Defense
4. DOE - Department of Energy
5. DOI - Department of Interior
6. DOJ - Department of Justice
7. DOL - Department of Labor
8. DOS - Department of State
9. DOT - Department of Transportation
10. EPA - Environmental Protection Agency
11. FEMA - Federal Emergency Management Agency
12. HHS - Department of Health and Human Services
13- FWS - Fish and Wildlife Service
14. NIOSH - National Institute for Occupational Safety and Health
15. NMFS - National Marine Fisheries Service
16. NOAA - National Oceanic and Atmospheric Administration
17. OSHA - Occupational Safety and Health Administration
18. USCG - U. S. Coast Guard
19. USDA - United States Department of Agriculture
b. Operational title abbreviations:
1. ERT - Environmental Response Team
2. FCO - Federal Coordinating Officer
3. NRC - National Response Center
2 Original
-------
4. NRT - National Response Team
5. NSF - National Strike Force
6. OSC - On Scene Coordinator
7. PAAT - Public Affairs Assist Team
8. PIAT - Public Information Assist Team
9. RRC - Regional Response Center
10. RRT - Regional Response Team
11. SSC - Scientific Support Coordinator
c. Other:'
1. CHRIS - Chemical Hazard Response Information System
2. OCS - Outer Continental Shelf
3. PIRS - Pollution Incident Reporting System
4. TCC - Transportation Communications Center (a self contained
sustaining portable communications center)
5« SKIM - Spill cleanup inventory system (a Coast Guard maintained
data base listing equipment and resources)
104.3 General Abbreviations - California
1. CA F&G - California Department of Fish and Game
2. CBI - Clean Bay Incorporated - An Industry Co-op serving the San
Francisco Bay area.
3. CCW - Clean Coastal Waters - An Industry Co-op serving the coastal/
harbor area south of Point Dume.
4. CS - Clean Seas - An Industry Co-op serving the Santa Barbara area
5. DOBS - California Department of Health Services
6. HB-SC - Humboldt Bay Oil Spill Cooperative - An Industry Co-op
serving the Humboldt Bay area.
7. PSL-EBRT - Port San Luis - Estero Bay Response Team - An Industry
Co-op serving the Estero Bay area.
8. RWQCB - Regional Water Quality Control Board.
Original
-------
104.4 General abbreviations - Hawaii
1. C & C Honolulu - City and County of Honolulu Government.
2. C.I.C. - Clean Islands Council, an Industry Co-op serving the
Hawaiian Islands
104.5 General abbreviations - Guam
1. GOVGUAM - Government of Guam
2. GEPA - Guam (EPA) Environmental Protection Agency
3. P.W. - Public Works
4. P.S. - Public Safety (Police)
5. COMPORT - Commercial Port of Guam
6. G.P.A. - Guam Power Authority
7. G.T.A. - Guam Telephone Authority
8. GEDA - Guam Economic Development Association
9. GORCO - Guam Oil Refinery Company
10. DILCO - Dillingham Corporation of Guam
11. MARSEC - Marianas Section, U. S. Coast Guard
104.6 General abbreviations - Trust Territories of the Pacific
Islands (TTPI)
1. HICOM - High Commissioner of T.T.P.I. (Same as Commissioner below)
2. T.T.H.Q. - Headquarters Trust Territory Government located on
Capital Hill, Saipan, CNMI
105 DEFINITIONS
105»1 Definitions as used in the NCP are used in this plan without
change.
105.2 The following are additional definitions used in this plan.
1. Harmful Quantity of Oil - is a discharge of oil that violates
applicable water quality standards, or that causes a film or sheen
or discoloration upon the surface of the water or adjoining
shorelines or causes a sludge or emulsion to be deposited beneath
the surface of the water or upon adjoining shorelines.
Original
-------
2. Reportable Quantity of Hazardous Substance - are predetermined
quantities of specific substances determined to be hazardous by the
EPA and listed in 40 CFR Part 117, and other quantities as defined
by Section 102 of CERCLA (42 USC 9602). These substances in the
quantities specified require notification to the cognizant Federal
agency.
3* Navigable Waters - are waters as defined in Section 502.(7) of the
Clean Water Act, and includes (1) all navigable waters of the
United States, as defined in current judicial decisions, and
tributaries of such waters; (2) interstate waters; (3) intrastate
lakes, rivers, and streams which are utilized by interstate
travelers for recreational or other purposes; and (U) intrastate
lakes, rivers, and streams from which fish or shell fish are taken
and sold in interstate commerce.
4. Waters of the United States - Includes not only the more tra
ditionally recognized "Navigable Waters" but all streams,
creeks, lakes, and ponds tributary thereto, upstream to their
various sources; and storm drains whose discharges are not
processed through treatment plants; and waters of the U. S. Lakes
and ponds not part of the tributary system; or waters of the U. S.
when the Federal Government may exercise constitutionally
authorized powers over them.
General Definitions - Trust Territory of the Pacific Islands (TTPI)
1. Commissioner - Governor of the T.T.P.I, under D.O.I appointed by
the United States President. Authority of the Commissioner does
not extend to governments of CNMI.
Original
-------
200 POLICY AND RESPONSIBILITY
201 POLICY
201.1 "The Congress has declared that it is the policy of the United
States that there should be no discharge of oil or hazardous substances into
or upon the waters of the United States, the adjoining shorelines or into or
upon the waters of the contiguous zone, or in connection with activiites
under the Outer Continental Shelf Lands Act or the Deepwater Port Act of
1974, or which may affect natural resources belonging to, appertaining to, or
under the exclusive management authority of the United States (including
resources under the Fishery Conservation and Management Act of 1976.)."
Section 311 (b)(l) of the CWA. Section 104 of CERCLA documents the intent of
Congress to provide for removal or remedial action or other response measures
consistent with the NCP whenever any hazardous substance or any pollutant or
containment which may present an imminent and substantial danger to the
public health or welfare is released or threatens to be released into the
environment.
201.2 The primary thrust of this Plan is to provide a coordinated Federal
response capability at the scene of an unplanned or sudden, and usually
accidental, discharge of oil or hazardous substance that poses a threat to
the public health or welfare. Initial actions taken by the Federal OSC shall
be to determine in accordance with Section 311 (c)(l) of CWA or Section 104
(a)(l) of CERCLA, if the actions taken by the person responsible for the
discharge or potential discharge of oil or hazardous substance are proper to .
remove the discharge or threat. The OSC should, if practicable, insure that
the person responsible for the discharge or threat is aware of his *
responsibility and is encouraged to undertake necessary countermeasures. In
the event that the person responsible for the discharge or threat does not
act promptly, does not take or propose to take proper and appropriate actions
to remove the discharged pollutants or mitigate the threat of pollution, or
if the person responsible for the discharge or potential discharge is
unknown, further Federal response actions shall be instituted as required in
accordance with this Plan. When the person responsible for the discharge or
potential discharge is taking proper action, the OSC shall observe and
monitor progress, and provide advice, counsel, and logistical support as may
be necessary.
201.3 Federal policy has been extended by the intervention of the High
Seas Act to include taking action on the high seas when the Commandant of the
Coast Guard declares a grave and imminent danger exists to the coastline or
related interests of the U. S. from pollution or the threat of pollution.
201.4 In accordance with section 3H(d) of the Act, whenever 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 an imminent discharge of large quantities of oil or
a hazardous substance from a vessel, the United Staes may: (coordinate and
direct all public and private efforts directed at the removal or elimination
of such threat; and (2) summarily remove and, if necessary, destroy such
vessel by whatever means are available without regard to any provisions of
law governing the employment of personnel or the expenditure of appropriated
funds. This authority has been delegated under Executive Order 11735 to the
* (use of pronoun throuhgout is intended to be indiscriminate and a matter
of convenience)
6 Original
-------
Administrator of EPA and the Secretary of the Department in which the Coast
Guard is operating, respectively, in and for the waters for which each has
responsibility to furnish or provide the OSC under this Plan.
201.5 In addition to any other actions taken by a State or local
government, when the Administrator of EPA or the Secretary of the Department
in which the Coast Guard is operating determines there is an imminent and
substantial threat to the public health and welfare because of an actual or
threatened discharge of oil into or upon the waters of the United States from
any onshore or offshore facility, or release of a hazardous substance to the
environment, he may require, through the Attorney General, that the U.S.
Attorney of the district in which the threat occurs secure the relief
necessary to abate the threat. The NRT may request the EPA or the USCG to
exercise this authority.
201.6 Response actions to remove discharges originating from Outer
Continental Shelf Lands Act operations shall be in accordance with the August
1971 Memorandum of Understanding between DOI and DOT concerning respective
responsibilities under this Plan.
202 MULTI-NATIONAL POLICY
202.1 The appropriate U.S. and Mexican agencies will cooperate as fully
as possible to respond expeditiously to pollution incidents that effect or
threaten to effect both parties.
202.2 It is recognized that good across-the-border communication is vital
to successful joint response and removal operations. Any pollution incident
which presents a potential threat to the other party shall be reported
promptly to the appropriate agency of that party in accordance with the Joint
United States-Mexico Plan.
202.3 In a response situation which applies to the Joint Plan, the
designated agencies shall make available any resources which may be on hand
and used for joint response operations, subject to committments in their
national areas. In addition, each party shall have available a mechanism by
which private sectors may be brought to bear to achieve a successful outcome
and to a joint response operation. That success will be a function of the
cooperation between the two nations.
203 FEDERAL RESPONSIBILITY
203«.l To implement Federal policy, Federal agencies have responsibil-
ties, established by statute, to respond to an oil discharge or hazardous
substance release. Subpart B of the NCP outlines the specific responsibil-
ities of each agency.
203*2 All Federal agencies are responsible for minimizing the occurrence
of discharges and for developing the capability to respond promptly in cases
of discharges from facilities they operate or supervise, and for mailing
resources available for Regional spill response operation. Participating
agencies have the following additional responsibilities: to lead all Federal
agencies in developing programs to minimize environmental damage from
pollution incidents; to develop the capability for rapid coordinated response
to any pollution incidents; to provide representatives to the RRT; to advise
the RRT and OSC; to keep the RRT informed of changes in the availability of
resources affecting the operation of this plan.
7 Original
-------
204 NON-FEDERAL RESPONSIBILITY
204.1 Federal responsibility is not all inclusive with respect to oil
discharges and hazardous substance release response. The states of Region IX
and many local agencies have passed laws, developed contingency plans and
assumed responsibilities consistent with the mitigation of oil discharges and
hazardous substances releases.
204.2 Industry groups have committed resources for response through
organized spill cooperatives.
204.3 The States of Arizona, Nevada, Hawaii, and Californa have committed
resources for response operations through State oil and hazardous substance
contingency plans. In addition, they have designated respresentatives to the
RRT.
1. In California, State response operations are supervised by the
Department of Fish and Game for off highway incidents and California
Highway Patrol for incidents involving State Highways.
2. In Nevada, State response operations are supervised by the Nevada
Civil Defense and Disaster Agency.
3- In Arizona, State response operatons are supervised by the State
Department of Health Services.
4. In Hawaii, State response operations are supervised by the Civil
Defense division of the State Department of Defense.
.5. In Guam, Territorial response operations are supervised by the Guam
Environmental Protection Agencey.
original
-------
300 PLANNING AND RESPONSE ORGANIZATION
301 SPILL RESPONSE ACTIVITY AND COORDINATION - GENERAL
For pollution response activities, Federal On-Scene Coordination is
accomplished through a single predesignated agent, the OSC. He reports to
and receives advice from an RRT. Generally the OSC for the coastal zone is
from the U. S. Coast Guard and for the inland waters from the EPA. Immediate
removal action concerning releases or threat of releases at "hazardous waste
management facilities" will be monitored or directed by EPA in both inland
and coastal areas, except in cases when the USCG OSC determines that action
must be taken pending arrival on scene of the EPA OSC. DOD will furnish OSC
with respect to releases or discharges from DOD facilities. Miner/als
Management Service will provide OSC for spills within 500 meters of an
offshore drilling platform.
302 REGIONAL RESPONSE TEAM
302.1 The Regional Response Team is comprised of representatives of the
Federal and State agencies. Local municipalities are invited to attend
through the state representative. Industry and special interest
organizations are granted observer status upon request. Observer status
places the named organization on the mailing list of RRT activities and
minutes. Meetings of the Regional Response Team are open to the public. The
full participation of high level representation from states and local
municipalities located around major ports and waterways is desired. The RRT
serves as the regional body for planning and preparedness actions prior to a
pollution incident and for coordination and advice during a pollution
incident, the representatives of EPA and USCG act as co-chairman of the RRT.
Each participating agency should designate one member and at least one
alternative member to the RRT. When the RRT is activated for a pollution
incident, the chairman shall be the EPA or USCG representative, depending
upon the area in which the response is taking place. Local agencies are
invited to participate. When the RRT is activated for a pollution incident,
the chairman shall be the representative from the lead agency. When the RRT
is activated for CERCLA fund-financed planned removal or remedial action, the
chairman shall be the representative of EPA.
302.2 Each participating agency shall designate one member and a minimum
of one alternate member to the RRT. Participating states and local
municipalities should also designate one member and a minimum of one
alternate member to the team. Agencies may also provide additional repre-
sentatives as observers to meetings of the RRT.
302.3 RRT Functions and Responsibilities;
1. The Chairman of RRT shall ensure that the provisions of the
regional and local contingency plans are adequate to provide the OSC
with appropriate technical and professional assistance from the
participant agencies commensurate with an agency's resources,
capabilities and responsibilities within the Region. During a
pollution emergency the members of the RRT shall insure that the
resources of their respective agencies are made available to the OSC as
agreed to and specified in the Regional and local contingency plans.
9 Original
-------
302.3 (cont'd)
2. The RRT shall designate representatives of participating agencies
to work with the OSC's to develop local plans and to plan for the use
of agency resources located within the OSC's area of responsibility
which do not require RRT involvement.
3. When not activated for a pollution incident, the RRT serves as a
standing committee to recommend needed policy changes in the regional
response organization, to revise the Regional Plan as needed and to
evaluate the preparedness of the agencies and effectiveness of local
plans for coping with pollution emergencies. The RRT shall:
a. Maintain a continuing review of regional and local pollution
emergency response operations and equipment readiness to insure
adequacy of regional and local planning, and coordination for combating
discharges of oil and releases of hazardous substances. RRT shall also
recommend revision of the NCP to EPA via the NRT on the basis of
observations of response operations.
b. Review the functioning of OSC to insure that local plans are
developed and fully coordinated among involved agencies.
c. Develop procedures to promote the coordination of Federal,
State, and local governments and private agencies to respond to
pollution incidents.
d. Consider necessary changes in policy on the basis of continuing
evaluation of Regional response actions taken in combating discharges
of oil and releases of hazardous polluting substances.
e. Maintain a readiness posture to respond to a nationally
significant discharge of oil or release of a hazardous substance.
f. Maintain a continuing surveillance of incoming reports from all
OSC's and activate the RRT when appropriate.
4. The RRT shall act as an emergency response team to be activated in
the event of a discharge involving oil or release of a hazardous
| r th nr\ artfr-lira frarf. Hiii^ ng i pnllnH^r. nnnfin^nm f n(Tnnny
flfrall maof. at tfro r>a 1 1 nf t-l-io r.ha-lr»Tnan nnrl nh-ill-
a. Monitor and evaluate reports from the OSC insuring their
completeness. The RRT shall advise the OSC on the duration and extent
of the Federal response and may recommend specific courses of action in
combating the discharge or release for consideration by the OSC.
b. Request other Federal, State, local government or private
agencies to consider taking action under their existing authorities to
provide resources necessary for combating a discharge or deployment of
personnel to monitor response operations.
10 Original
-------
302.3 (cont'd)
c. Assist and coordinate with the OSC in formulating public
information releases and for information transfer between the OSC and
the Washington, DC headquarters of the agencies concerned, so as to
minimize or prevent dissemination of spurious and incomplete
information.
d. Advise the regional head of the agency providing the OSC if a
shift of on-scene coordination from the predesignated OSC to another
OSC is indicated by the circumstances or progress of a pollution
discharge.
302.4 Specific Agency Responsibilities
1. Department of Agriculture, (Forest Service)
The Department ofv Agriculture provides expertise in the area of forest
and wilderness management. USDA Forest Service personnel frequently
act as OSC until relieved by the pre-designated OSC.
2. Department of Commerce, (NOAA, NOAA-NMFS, NOAA-NWS, NOAN-NOS)
The Department of Commerce, through NOAA, provides support to the NRT,
RRT and OSC with respect to living marine resources for which it has
management authority, including marine mammals and endangered species;
meteoroligical, hydrologic, ice and oceanographic data for marine,
coastal and certain inland waters; tide and current information; charts
and maps; and satellite imagery. In response to requests from the OSC,
NOAA provides on-scene scientific assistance for releases in coastal
and marine waters through its regional Scientific Support Coordinators
(SSC). NOAA also serves on behalf of the Secretary of Commerce as a
Federal trustee for natural resources under Federal jurisdiction that
are damaged or destroyed as the result of a release of oil or hazardous
materials in coastal and marine waters and certain upland areas. It is
responsible for assessing damages, presenting claims and developing and
implementing restoration or replacement plans.
3. Department of Defense, (USA, USN, USA-COE, USN, USAF, USN-Sup. Sal
USMC.)
The Department of Defense, consistant with its operational
requirements, may provide assistance in critical pollution discharges
and in the maintenance of navigation channels, salvage, and removal of
navigation obstructions. Upon authenticated request of the OSC, NRT or
competent USCG authority, the services of the Supervisor of Salvage, U.
S. Navy may be provided as available for the cleaning and control of
major oil spills as well as oil spills associated with salvage
operations. With respect to discharges or releases from DOD facilities
and vessels the predesignated OSC will be provided by DOD in accordance
with the NCP. DOD will also be the immediate removal response
authority with respect to incidents involving DOD military weapons and
munitions.
11 Original
-------
•To
O
302.4 (cont'd)
\
4. Department of Energy \
The Department of Energy is designated the agency for administration, \
implementation, and coordination of the Interagency Radiological I
Assistance Plan (IRA?). DOE will provide advice and assistance to the ^y
active contamination, and removal and disposal of radioactive X"
discharges.
5. Department of Health and Human Services (CDC NIOSH)
The Department of Health and Human Services is responsible for
providing expert advice and assistance relative to those discharges
that constitute, or may constitute, a threat to public health and
safety.
6. Federal Emergency Management Agency
The Federal Emergency Management Agency maintains an awareness of
pollution emergencies and evaluates any request for a major disaster
declaration received from a governor of a State pursuant to Public Law
93-288. If the President declares that a pollution emergency
constitutes a major disaster, or that a major disaster is imminient as
defined by Public Law 93-288, the Administrator of the Federal
Emergency Management Agency will coordinate and direct the Federal
response. FEMA is delegated authority as requred for permanent
relocation of residents, businesses and community facilities or
temporary evacuation and housing of threatened individuals not
otherwise provided for. The agency may aid in development and
evaluation of regional and local contingency plans and monitor
responses related to such plans.
7. Department of Interior (USFWS, USGS/MMS, BLM, NPS..BIA)
The Department of Interior, through the USGS/MMS, supplies expertise in
the fields of oil drilling, producing, handling, and oil pipeline
transportation. Also, the USGS/MMS has access to and supervision over
continously manned facilities which can be used for command, control
and surveillance of discharges occurring from operations conducted
under the Outer Continental Shelf Land Act. Additionally, the Fish and
Wildlife Service of DOI will provide, through Regional Coordinators,
technical expertise to the OSC and RRT with respect to land, fish and
wildlife, including migratory birds, marine mammals and endangered
plants and animals. Liaison with American Samoa, the Trust Territory
of the Pacific Islands, and the Commonwealth of the Northern Marianas
Islands is accomplished by the Department of the Interior. DOI is
designated by the NCP as a Federal Trustee for natural resources under
authority of executive order 12316. DOI is also charged with
promulgation of regulations for assessment of loss or damages to
resources resulting from an oil discharge or hazardous substance
release. DOI will be responsible for damage assessment of resources
for which it is trustee.
12 Original
-------
302.4 (cont'd)
8. Department of Justice (U. S. Attorney, Torts)
The Department of Justice can supply expert legal advice to deal with
complicated judicial questions arising from discharges and Federal
agency responses. The Department of Justice will also assist by
issuing orders and by providing litigation.
9. Department of Labor (OSHA)
The Department of Labor in cooperation with the Department of Health
and Human Services provides advice and assistance concerning
occupational health guidelines.
10. Department of Transportation (USCG, MARAD)
The Department of Transportation provides expertise regarding all modes
of transporting oil and hazardous substances. Through the USCG, DOT
supplies support and expertise in the domestic/international fields of
port safety and security, marine law enforcement, navigation and
construction, the manning, operation, and safety of vessels and marine
facilities. Additionally, the Coast Guard maintains continously manned
facilities that are capable of command, control and surveillance for
oil discharges occurring on the waters of the United States or the high
seas. The USCG is responsible for co-chairing the RRT and for
implementing, developing and revising, as necessary, the Regional and
Local Plans for those areas where it is assigned the responsibility to
furnish or provide for OSC's. DOT, through MARAD will provide advice
on the design, construction and operation of merchant ships.
11. Department of State
The Department of State will provide leadership in developing Joint
international contingency plans. It will also provide assistance in
coordination when a pollution discharge transects international
boundaries or involves foreign flag vessels.
12. Environmental Protection Agency
The Environmental Protection Agency provides expertise regarding
environmental effects of pollution incidents and environmental
pollution control techniques, including assessment of damages. EPA
shall also advise the RRT and OSC of the degree of hazard a particular
discharge or release poses to the public health and safety, and
coordinate scientific efforts in support of the RRT and OSC in the
inland sectors. EPA is responsible for co-chairing the RRT and for
development, revision and implementation, as necessary, of Regional and
local plans for those areas in which it has responsibility to furnish
or provide for the OSC. EPA will coordinate with USCG regarding
pollution control and protection of the environment in the preparation
of Regional and Local Plans.
302.5 Organizational Chart of Region IX Response Team (See next page)
13 Original
-------
REGION IX RESPONSE TEAM
Co-chairman - Commander, Coast Guard Pacific Area
Regional Administrator, EPA Region IX
location - San Francisco
functions - 1. Promulgate Regional Contingency! Plan (RCP, combined
inland/coastal)
- 2. Serve as coordinating and distributing point for in-
formation from NRC and other agencies
REGION IX RESPONSE TEAM - OCEANIA
Co-Chairman - Chief, Marine Safety Division Director, Toxic and Waste
14th Coast Guard District Management Division,
EPA Region IX
location - Prince Kalanianaole Federal Bldg. 215 Fremont Street
300 Ala Moana Blvd., 9th Floor San Francisco, CA 94105
Honolulu, HI 96850
functions - Using RCP promulgated by Region IX Response Team, the Oceania
team performs independently all the normal funtions of an RRT as set forth in
the NCP, section 300.32(b), which includes maintenance of a Response Center
(RRC) and scheduling of, at a minimum, semi-annual RRT meetings.
REGION IX RESPONSE TEAM - MAINLAND
NORTH COASTAL INLAND RESPONSE SOUTH COASTAL '
RESPONSE TEAM TEAM RESPONSE TEAM
Chairman- Chief, Marine Safety Director, Toxic and Waste Chief, Marine Safety
Division, 12th CG Management Division, EPA Division llth CG
District Region IX District
locations- Government Island 215 Fremont Street Union Bank Bldg.,
Alameda, CA 94501 San Francisco, CA 94105 400 Oceangate Blvd.
Long Beach, CA 90822
functions- These three teams, using the RCP promulgated by the Region IX
Response Team, perform independently all the functions of an RRT as set forth
in the NCP, section 300.32(b), which includes maintenance of a Response
Center.
Meetings of the Region IX Response Team - Mainland shall be rotated between
the three sectors with each sector chairman responsible for the arrangement
of the meetings in their area once per year.
*Note: Mainland RRT's are Co-Chaired by Coast Guard and EPA representatives.
14 Original
-------
302.6 Membership directories of the RRT -Mainland and RRT-Oceania are provided
as Annex II to this plan.
302.7 Reports:
1. Each Regional Response Team shall provide letter reports outlining
its activities as a mechanism for rapidly identifying techniques and procedures
that have worked well and should be passed on to other RRTs. The reports will
also serve to identify those practices that need improvement. These reports shall
be submitted to CCG012 (mepps) for consolidation into a summarized Region IX
report to be submitted to the NRT. Reports will be submitted to the Chairman of
the NRT not later than 31 January and 31 July. As a minimum, reports will
contain paragraphs addressing:
a. Summary of Activities. This section will contain a synopsis of
the highlights of routine meetings and activations which have occurred since the
last report.
b. Organizational Matters. This paragraph will outline
organizational changes and improvements that have been made since the last
report. Any organizational matters that are considered to require NRT action
should also be addressed. RRTs are encouraged to submit enclosures which detail
procedures that have worked exceptionally well so that these may be transmitted
to other RRTs for possible adoption.
c. Operations . This section will include recommendations comments
or observations concerning response methods, equipment, training or other
operational concerns which have not been addressed in the review of OSC reports.
This section shall also discuss efforts to improve State and Local conditions.
2. When activated, the RRT shall submit POLREPS (Pollution Reports) to
the NRC in a timely manner as developments occur and not later than 1600 local
time on each day of the operation.
302.8 Meetings
The RRT Mainland and RRT Oceania shall have a minimum of four meetings
a year. The meetings of the RRT - Mainland shall be rotated between the three
sectors with each sector chairman responsible for the arrangement of meetings
within his or her area.
302.9 RRT Alerting
1. The RRT will be alerted whenever the potential exists for
activation of the RRT. Alerting will be made by telephone notification or other
rapid means to the primary person designated the RRT membership list in Annex II
to this plan. Alerting shall be the responsibility of the RRT Chairman. It may
be initiated at any time, but normally it is appropriate when one of the
following circumstances exists:
a. A potentialAmedium spill is apparent
b. An actual or threatened release of any designated hazardous
substance which may present an imminent and substantial
danger to the public health or welfare.
c. An adjacent RRT is activated
d. A determination by the Chairman or other member of the RRT
that alerting is prudent.
15 Original
-------
302.9 (cont'd)
2. Whenever the RRT alert is initiated, RRT members will be
advised of the particulars of the incident and whether on-scene staff
assistance is likely. RRT members should initiate those actions necessary to
allow a prompt response on-scene or at the RRC if later activated.
3. Whenever the RRT is alerted, all aai«y members will be notified
even if the incident will only require the services of selected RRT members.
302.10 RRT Activities - General
1. The RRT comprises of members of many agencies who must, with no
prior notice, be capable of responding to an incident and call out personnel
and equipment from their agency in an expeditious manner. The key to
successful response actions is the prompt activation and implementation of
this Plan.
2. The RRT will be activated whenever one of the following
situations exists:
a. A major or potential major discharge which brings automatic
activation.
b. A significant release of a hazardous substance which
threatens human life or health or the environment.
c. Any pollution emergency when any primary member of the RRT
makes a request to the RRT Chairman or
d. At any time when determined by the Chairman RRT, including
periodic .training sessions as specified in Annex XXVI to this Plan.
3. The RRT may be activated by any means of communications but
will normally be done by telephone to the persons designated in Annex II of
this Plan. The activation call will specify the time of RRT activation, the
meeting place if assembly is planned and as much about the incident and the
requirements to be placed on the particular agency as are known. Whenever
the RRT is activated, all members will be notified even if the incident will
require the services of only selected RRT members. A membership activation
will normally be called whenever a major incident occurs.
4. The RRT Chairman, will determine if assembly of the RRT is
advantageous or whether telephone activation is sufficient to handle the
incident.
5. It is anticipated that lesser incidents for which a limited
membership activation is necessary will normally be handled by telephone.
Activated members will operate from their home or business location and will
coordinate their agency's on-scene staff tasks and RRT staff tasks from that
point. The Regional Response Center (RRC) will be staffed by USCG or EPA
personnel and a contact system will be maintained with each activated
member. Members will call into the RRC whenever the assigned tasks are
intitiated or completed, whenever the member needs to discuss matters with
the RRT Chairman or whenever the member is about to make a change of location
and telephone contact number.
16 Original
-------
The RRC contact numbers are listed in Annex III to this Plan, however, these
numbers are not used except when the RRC is activated. Non-emergency contact
to the RRT shall be through the address and phone number of the RRT Chairman
listed in Annex II to this Plan.
RRT Deactivation
Deactivation of the RRT will occur for both alerts or activations
after mutual agreement by the senior USCG and EPA members. Deactivation will
normally be by telephone notification unless the RRT is assembled.
303 REGIONAL RESPONSE CENTER
303.1 The Regional Response Center (RRC) is the regional control point
for pollution emergency response activities. Each RRC provides
communications, information storage, personnel and facilities necessary for
the proper functioning and administration of regional pollution emergency
response operations. In Region IX there are four RRCs. One RRC is located
at each Coast Guard District office and one is located at the EPA's Regional
office. The facilities available at the RRCs are described in Annex III to
this Plan.
303.2 Each Regional Response Center in Region IX is autonomous. Under
normal circumstances it is expected that pollution discharge response would
be handled totally by one RRC. Each RRC would report directly to the NRC
with POLREPS, reports, and other documentation as required.
304 ON-SCENE COORDINATION
304.1 Coordination and direction of Federal pollution control efforts at
the scene of a spill or potential spill shall be accomplished through the
On-Scene Coordinator. The OSC is the single agent predesignated by this plan
to coordinate and- direct such pollution control activities in each area of
the region. In the event of a spill of oil or other hazardous substances,
the first Federal official arriving at the site from any of the agencies
having responsibilities under the NCP shall assume the coordination
responsibilities until the predesignated OSC arrives. The duties of the OSC
are detailed in Section 300.33(b) of the NCP.
The OSCs for Region IX are predesignated by Annex IV to this plan.
304.3 All Federal agencies should plan for emergencies and develop
procedures for dealing with oil discharges and releases of hazardous
substances (designated under section 3H(b)(2) of the CWA) from vessels and
facilities under their jurisdiction. All Federal agencies, therefore, are
responsible for designating the offices that can coordinate response to such
incidents in accordance with this Plan and applicable Federal regulaXtibns and
guidelines. If, in the opinion of the OSC, the responsible Federal agency
does not act promptly or take appropriate action to respond to a discharge or
release caused by a facility or vessels under its jurisdiction, the OSC in
charge of area where the discharge or release occurs may conduct appropriate
response activities. With respect to discharges or releases from Department
of Defense (DOD) facilities and vessels, the OSC shall be furnished by the
17 Original
-------
04.3 (cont'd)
DOD. The OSC should advise the affected land managing agency and trustees of
natural resources, as promptly as possible, of releases and discharges
affecting Federal resources under its jurisdiction. The OSC is responsible
for addressing worker health and safety concerns at a response scene, in
accordance with 300.57 and 300.71 of the NCP. The OSC shall submit pollution
reports to the RRC and appropriate agencies as significant developments occur
during removal actions.
305 SPECIAL POLLUTION CONTROL FORCES
305.1 To enhance the ability of Federal forces to respond to pollution
incidents and to provide the greatest expertise in protecting the marine
environment from pollution, Section 300.34 of the NCP prescribes the
development of Special Pollution Control Forces and teams. The forces that
have evolved are:
a. U. S. Coast Guard National Strike Force.
b. EPA Emergency Response Team (ERT)
c. EPA Technical Assistance Team (TAT)
d. USCG Emergency Task Forces.
e. USCG Public Information Assist Team (PIAT)
f. Scientific Support Coordinator (SSC) and Hazardous Materials
Response Project (HAZMAT)
305.2 National Strike Force, Pacific (PST)
1. The Pacific Strike Team, one of three teams comprising the
National Strike Force, is a USCG unit with a high level of training and
expertise in pollution response matters. The PST maintains personnel on
standby to respond to incidents occurring in the Western area of the United
States. For use in incidents of a large magnitude, the PST maintains
selected equipment to augment response and removal equipment available
locally. The PST also provides assistance in training OSCs in all phases of
response activities.
2. The PST can provide assistance:
a. By contact directly from the OSC for advice in response
activities.
b. By a request to provide on scene assistance in matters
beyond the capabilities of the OSC and other locally available forces.
Official requests for PST assistance shall be made by the OSC through the
cognizant District Commander, to the Commander, Pacific Area, however, direct
contact between the OSC and PST is recommended to allow rapid deployment when
approval is received.
18 Original
-------
305.2 (con't)
c. To assist in training personnel in all facets of response
activities including:
(i) response staff organization
(ii) monitoring techniques
(iii) cleanup techniques
(iv) equipment used and deployed
(v) accounting procedures
305.3 Environmental Response Team
The functions and responsibilities of the ERT are to develop and
maintain a 24-hour emergency response capability to assist Regional Offices
during single or multi-media emergency episodes. When activated, the Team
will be responsible to the OSC for technical decisions or methods of
mitigations, deployment of resources available to the Team, damage
assessments, restoration techniques, disposal methods and documentation of
the incident for preparation of agency reports. The ERT also provides both
introductory and intermediate level training courses to prepare response
personnel.
305.4 Technical Assistance Team
The functions of the TAT are to assist the EPA OSC in response and
provide technical data as needed. This team works under a contract for the
EPA. Each Federal region has a TAT who may be reached through the EPA
24-hour response number.
305.5 USCG Emergency Task Force
Emergency Task Forces established pursuant to section 3H(c)(2)(c)
of the Act and section 300.34 of the NCP are detailed in local contingency
plans. Teams consist of trained personnel and adequate supplies of oil and
hazardous substance control equipment. Local Contingency Plans detail
discharge removal plans for their areas of responsibility.
305.6 Coast Guard Public Information Assist Team (PLAT)
The Coast Guard Public Information Assist Team (PIAT) has been
created to assist On-scene Coordinators, District, and Regional Public
Affairs staffs in meeting the informational demands inherent in a major or
potential major pollution incident. Team members are trained in journalism,
public relations, photography and are knowledgable in pollution response
techniques, equipment and the laws and regulations relating to pollution
incidents. The PIAT is available upon request from an OSC, Coast Guard
District or Regional Public Affairs Officer.
19 Original
-------
NOAA'S SCIENTIFIC SUPPORT COORDINATORS (SSC) AND HAZARDOUS
MATERIALS RESPONSE PROJECT (HAZMAT) (11/28)
A scientific support coordinator (SSC) is one member of the group of
special forces available upon request to Federal On-Scene Coordinators (OSC)
during actual or potential releases of pollutants and other special forces as
described in the National Contingency Plan (fig. 1). During spills, SSC's serve
on the OSC's staff to provide technical information pertinent to a particular
incident and generally coordinate scientific activity on-scene. During
non-response periods, SSC's can be utilized by the OSC and the Regional Response
Teams (RRT) to assist in the development of local and regional contingency
plans.
Figure 1. National Response Organization
National
Response
Team
On-Scene
Coordinator
Special
Forces
National Strike Team
•Scientific Support
Team
• Environmental Response
Team
1
Other
Resources
|
Federal
Agency
Resources
1
State
Resources
For coastal areas, where the OSC is a pre-designated Coast Guard officer,
SSC's are provided by NCAA's (National Oceanic and Atmoshperic Administration)
Hazardous Materials Response Project (HAZMAT). This project consists of a team
of scientific support coordinators, assigned to various regions of the country,
and five funtional support groups (Fig. 2). SSC's and the HAZMAT response teams
seek out and synthesize information from regional scientific experts and
industry representatives, e.g., chemical manufacturers, as part of their
response activities.
20
Original
-------
HAZARDOUS MATERIALS
RESPONSE PROJECT
Robinson
SCIENTIFIC SUPPORT
COORDINATORS
FUNCTIONAL GROUPS
1
USCG
DISTRICT
1
Vacant
|
USCG
DISTRICT
2
Vacant
1
USCG
DISTRICT '
3
Rooney-Char
1
USCG
DISTRICTS
7,8
Stubblefield
1
USCG
DISTRICT
9
Rodstein
1 T
USCG
DISTRICTS
11,12,13,14
Pavia
USCG
DISTRICT
17
Kennedy
1
TRAJECTORY ANALYSIS/
OCEANOGRAPHY
Gait
1 |
ENVIRONMENTAL
SENSITIVITY
Research Planning
Institute, Inc.
CHEMICAL HAZARDS
Univ. of
New Orleans
1
SAFETY AND
HEALTH
Kummerlowe
1
LOGISTICS
ADMINISTRATION
Gleasbn
FIGURE 2. HAZARDOUS MATERIALS RESPONSE ORGANIZATION
RESPONSE ASSISTANCE FROM SSC's
The overall goal of this. Program is to provide timely and effective
deployment of scientific resources 'during an emergen/cy oil or hazardous
substance release to minimize environmental and socioeconomic impact.
Response Objectives
The major objectives of the program are:
(1) To provide the National Response Team, Regional Response Team, and
On-Scene Coordinators with highly qualified scientific assistance in
(a) evaluating imminent hazards to human health and the environment
and socioeconomic impacts of oil and hazardous substance releases;
(2) To provide scientific assistance in assessing the environmental and
socioeconomic damage resulting from such incidents; and
(3) To maximize the research advantage offered by the spill situation,
especially for improving future response capabilities.
In an emergency situation, these objectives will be approached in the
order of precedence indicated.
21
Original
-------
Specific Assistance Provided by the Scientific Support Team
The level of the SSC's involvement depends upon the nature of the OSC's
requests, the specifics of the particular pollution incident, and the status of
the Federa'l pollution funds. The SSC is availatje for consultation &n any or
all spills— the key to the SSC's involvement is activation by the OSC.
Phase I; Discovery and Notification
The SSC is activated by a call from the OSC or his representative. The
timing of notification and activation of reponse forces is of major importance
in any spill response. Acute environmental impacts will be most severe during
the early stages of the incident. This fact argues strongly for the prompt
activation of the special forces whose assistance can be especially helpful
during the initial stages of an incident.
Initial details of a pollution incident are often sketchy so the first
order of business is to assemble information critical for determining the
ultimate nature and scope of the response—the potential magnitude of the
spill, the nature of the pollutant, and the prognosis for containment. In a
spill situation, the SSC can provide preliminary information by telephone and
then, if requested, depart immediately for the spill scene. The SSC should
arrive within six hours of notification. While the SSC is enroute, ^a HAZMAT
•-staff contact will be designated for the OSC. This contact can provtfe
additional information and respond to OSC requests until the SSC arrives. If
the spill has potentially serious consequences, the SSC can notify the
appropriate HAZMAT response team funtional leaders, and regional and local
experts to provide the OSC with the scientific information pertinent to his
response decisions. The extent and nature of SSC involvement is determined by
the OSC. Extensive assistance can be obtained over the telephone, even if the
pollution fund is not opened.
Phase II: Evaluation and Initiation of Action
Activities undertaken during this phase may be conducted away from the
spill city with information passed via telephone to the SSC who conveys it to
the OSC.
Specific actions include:
(1) Liaison with natural resource, chemical, and medical experts;
(2) Support in mapping pollutant location and trajectory modeling, e.g.,
prediction of the movement of a contatrt!fient in a given period, time
and location of landfall;
(3) Rapid assessment of and advice on the nature, behavior, and fate of
the pollutant, e.g., toxic properties, alteration in physical and
chemical characteristics which can be expected under a variety of
environmental conditions, and the prospects of water column mixing,
sinking;
22 Original
-------
(4) Advice on safety precautions for response personnel and general
public health considerations, and the location of emergency medical
experts and facilities (if requested);
(5) Advice in dealing with oil and hazardous materials under unusual
environmental conditions, e.g., sea ice and severe storms.
Phase III: Containment and Countermeaaures and
Phase IV Cleanup. Mitigation, and Disposal
Scientific activities initiated during Phase II are continued during
Phases III and IV, with further refinement of accuracy and detail. This may
require additional members of the scientific support team to be on-scene to
gather data at the spill site.
Activities would include:
(1) On-scene trajectory modeling of spilled material;
(2) Detailed evaluation of the nature, behavior, and fate of the
pollutant, e.g., toxic properties, alteration in physical and
chemical characteristics which can be expected under a variety of
environmental conditions;
(3) Development of sampling strategies and chemical analysis of samples
to assist in the identification of chemical contaminants;
(4) Monitoring and sampling in areas of chemical hazards;
(5) Advice on the likely environmental impact of various alternative
containment, cleanup, and disposal strategies;
(6) Identification of critical habitats requiring extraordinary
protective efforts;
(7) Assistance in public relations efforts on scientific issues.
Phase V; Documentation and Cost Recovery
The value of natural resource damage resulting from spills may be
recoverable from the spiller or pollution fund. Damage to natural resources
includes (1) immediate or long-term injury, alteration, or destruction of
naturally occurring organisms, populations, communities, habitats or functional
properties of ecological systems, and (2) associated impacts on aesthetic,
recreational, commercial, or other benefits derived from these resources.
Assistance in this area includes providing sound scientific information,
analysis and opinions that can be used in litigation or administrative
proceedings. The emphasis on litigation is important and has major bearing on
both the conduct and the scope of work performed under this objective.
23 Original
-------
Operationally, environmental damage assessment activates involve four
major components:
(1) On-scene surveys (sampling and analysis) of acute and other directly
measureable impacts on natural resources;
(2) Other scientific studies, including laboratory investigations, that
establish the more subtle, sub-lethal environmental effects of the
incident;
(3) Surveys of potential socioeconomic losses; and
(4) Interpretation and analysis of findings from the studies above to
provide information to be used in legal or administrative
proceedings.
CONTINGENCY PLANNING ASSISTANCE FROM SSC's
SoC
In addition to assisting the OSC during spills, SSC's also work the the
Regional Response Teams, 0". S. Coast Guard Marine Safety Offices, and the
scientific community on response-related sceintific matters in between
pollution incidents. During these non-response periods, the SSC concentrates
on sharpening the scientific aspects of the contingency plans to improve the
quality of future response activities.
Prior to a spill, considerable information can be provided to the OSC to •
help in the development of contingency plans. This information includes (1)
probability that spills originating from selected sites will impact specific
areas or critical environments, (2) the location of environmentally sensitive
regions, (3) background data on the behavior of the various pollutants known to
be present in a given area under a range of environmental conditions, and (4)
the likely environmental impact of various alternative cleanup strategies.
At a minimum, SSC's and HAZMAT are working toward having the following
elements in place-prior to a major spill event:
(1) A trained core scientific response team whose members are current in
the "state-of-the-art" in mitigation, damage assessment, and
operational functions;
(2) Development of sufficient equipment and supplies with which to
undertake an effective response;
(3) Ensuring that regional scientific response plans are developed and
updated, as necessary.
(4) Developing detailed scientific plans, including chemical action
plans, for varying spill scenarios in conjunction with the MSO's;
(5) Establishing a liaison with other Special Forces and representatives
of Federal, State, academic, and public groups concerned with
pollution in coastal offshore waters;
(6) Conducting scientific studies that are supportive of prespill or
spill activities (e.g., mapping of the sensitivity of coastal
environments to spilled oil, identification of critical natural
resources and habitats, and projections of pollutant trajectories);
24 Original
-------
(7) Providing scientific assistance to the RRT and OSC in planning
regional responses; and
(8) Establishing data management and chain of custody systems according
to specific guidelines for samples taken during spills.
For Further Information ..'.
Regional SSC's are located within the NOAA Hazardous Materials Response
Project in Seattle, Washington. SSC's are assigned for the North-, Mid-, and
South Atlantic coasts; Gulf of Mexico; Great Lakes; Pacific Ocean; and Alaska.
Scientific support within Region IX can be obtained by contacting the
Regional SSC or through the Project office as follows:
Project Office Regional SSC
FTS 416-6314 Robert Pavia
206-527-6314 Seattle, WA
24-hour pager 206-343-3432 FTS 446-6319
24-hr pager 206-343-3432
NOAA/OMPA/HMPR/RD/MP2
7600 Sand Point Way, N.E.
Seattle, WA 98115
306 VOLUNTEERS
306.1 The OSC will designate one or more persons, to take charge of
volunteers. This designee should be selected based on his knowledge of
response techniques, ability to deal with non-military persons, and
leadership capabilities.
306.2 Volunteer assistance is essential for a complete, successful
waterfowl conservation operation. FWS will designate a volunteer coordinator
to supervise these responsibilities. The FWS is responsible for establishing
and maintaining training programs for biologists and volunteers.
306.3 Local plans should also identify specific areas in which volunteers
can be used such as: beach surveillance, logistical support, bird and other
wildlife treatment, and scientific investigations.. Normally volunteers
should not be used for physical removal of pollutants. If a substance is
toxic to humans, volunteers shall not be permitted at on-scene operations.
Regional and local plans should provide for education and training of
volunteers as a matter of pre-spill routine to preclude the need for such
training during an actual incident. During contingency plan operations,
information on discharge and removal efforts should be provided to volunteers
frequently to insure a coordinated effort and a sense of meaningful
participation.
306.4 When the spiller is known and has assumed responsibilty for cleanup
he will also be responsible for managing volunteers.
306.5 Further guidance is provided in Section 2104 of this Plan.
25 Original
-------
400 COORDINATING INSTRUCTIONS
401 DELEGATION OF AUTHORITY
401.1 The Commander, Coast Guard Pacific Area and the Regional
Administrator, EPA Region IX co-chair the Region IX Regional Response Team.
Authority to conduct RRT response activities is delegated to those
individuals outlined in section 302.3 of this plan.
401.2 Predesignated On-Scene Coordinators may not delegate their
authority particularly in regard to the administration and certification of
expenditures under the Pollution Revolving Fund (33 CFR 153-105 and 107) or
the Hazardous Substance Response Trust Fund. Predesignated On-Scene
Coordinators may be represented on scene by qualified personnel of a grade
commensurate with the spill situation.
402 NOTIFICATION
402.1 The CWA and CERCLA, and regulations issued thereunder, require that
any person in charge of a vessel, onshore or offshore facility, notify the
NRC as soon as he has knowledge of any discharge of oil into water of the
United States or release of a hazardous substance of reportable quantity to
the environment. The Toll free number (1-800-424-8802) has been provided to
the NRC for receipt of discharge reports from anywhere in the continental
U.S. and State of Hawaii.
402.2 Discharge Notification To State Agencies
The predesignated OSC shall ensure that the notification is made in
all cases to the appropriate state contact point. See section 300.33(b)(5).
403 MULTI-REGIONAL ACTIONS
403.1 In the event that an actual or threatened discharge or release
moves from the area covered by one regional contingency plan into another
area, the authority to initiate pollution control actions shall shift as
appropriate. In the event that Xan actual or potential incident affects
areas covered by two or more regional plans, the response mechanism called
for by both plans shall be activated. The NRT will be activated in the
event of a discharge which transects regional boundaries.
403.2 There shall be only one OSC at any time during the course of a
spill response. Should an incident affect two or more areas, the affected
RRTs.will, by mutual agreement, designate the OSC, giving prime consideration
to the area vulnerable to the greatest damage. The NRT shall designate the
OSC if members of one RRT or of two adjacent RRTs are unable to agree on the
designation.
404 MULTI-NATIONAL RESPONSES
There has always existed the need for multi-national agreements on
oil and hazardous substance pollution response. Until recently, the only
such agreement for the United States was with Canada. Using the U.S./Canada
agreement as a base, the Coast Guard and Mexico have collaborated on a joint
contingency plan. The agreement was signed by Mexico and the U.S. Department
of State and is now binding on both countries.
26 Original
-------
405 COORDINATION WITH SPECIAL FORCES
Request for special forces can be made in accordance with Appendix
II pp. II-C-1.
406 TERMINATION OF RESPONSE ACTIVITIES
The OSC will make the decision regarding termination of Federal
response activities after consulting with the RRT.
U07 RESOLUTION OF DISPUTES
The Chairman of the RRT will resolve disputes in accordance with
Section 300.32B of the NCP.
408 SCHEDULE OF CHEMICALS TO REMOVE OIL AND HAZARDOUS SUBSTANCES
U08.1 The use of chemical agents for oil spill removal is discouraged in
preference to mechanical means. The use of chemicals may be applicable under
certain circumstances, as outlined in Subpart H of the National Oil Spill
Contingency Plan. Basically chemicals may be used anytime, anywhere at the
discretion of the OSC to reduce the immediate hazards to life and property
due to explosion and fire. Other situations will be evaluated by the senior
EPA representative on scene on a case-by-case basis, in consultation with
other appropriate State/Federal representative. A list of acceptable removal
agents is found in Annex X of this Plan. The OSC with the concurrence of the
EPA representative to the RRT and in consultation with the States, may
authorize the use of dispersants and other chemicals on oil spills; provided,
however, that such dispersants and other chemicals must be on the list of
accepted dispersants prepared by EPA. In the case of dispersants and other
chemicals not included on the list of accepted dispersants, EPA will continue
to authorize use on a case-by-case basis. Case-by-case approvals will b£
made by the Administrator or her designee.
408.2 The form on page 29 is intended as an aid to the OSC in deciding
whether or not to request and use dispersants in response to an oil spill. A
decision relative to the use of dispersants will not be finalized prior to
consultation with the RRT. This will insure proper consultation with state
and other appropriate federal agencies. If the OSC determines that
dispersants are a useful tool for spill mitigation, he should provide the
information requested on this form and forward this information to the
appropriate RRT Chairman or EPA representative.
As soon as possible the OSC will contact the various agencies involved
and advise them that a spill has occured which has the potential to develop
into a stiuation where the use of dispersants may be requested. The OSC will
provide as much information as possible; each agency should prepare to answer
all the questions over which the agency has responsibility. As additional
data is obtained it will be provided by the OSC to the agencies as soon as
possible. Once advised that such a spill has occured, support agencies
should not wait to be requested to^answer each question. As soon as they
obtain the answers to a significant number of questions, the OSC or SSC
should be advised of that information.
27 Original
-------
The following steps should be utilized in deciding if the use of dispersants
will be requested.
NOTE: Immediate threat to life and property pre-empt the following matrix by
the OSC in the use of dispersants.
OIL MOVING ONSHORE OR
INTO CRITICAL AREA
IS PHYSICAL CONTROL AND
RECOVERY FEASIBLE.
IMPL;
YES
YES
IS ACTION REQUIRED
.OR DESIRED
MONITOR MOVEMENTS
ARE CONTROL/RECOVERY
ACTION ADEQUATE
YES
CONTINUE
ACTIONS
CAN OIL TYPE AND CONDITION BE
CHEMICALLY DISPERSED
YES
IS A DISPERSION
OPERATION POSSIBLE NO
YES
WILL IMPACTS ASSOCIATED WITH
CHEMICAL DISPERSION BE LESS THAN THOSE
RESULTING WITHOUT CHEMICAL DISPERSION
•TREAT ONSHORE
REQUEST APPROVAL FOR
USE OF DISPERSANTS
USING ATACHED PROCEDURE"
NO
YES_
WILL VULNERABLE RESOURCES
.OR HABITATS BE ADVERSELY
IMPACTED WITHOUT
DISPERSANTS
TREAT ONSHORE
28
Original
-------
408.2-1 DISPERSANT USE FORM COMPILATION OF DATA
1. Spill data
a. Circumstances (Fire, grounding, collision, etc.)
b. Time/Date of Incident
c. Location of spill (Latitude, Longitude, river mile, etc.)
d. Location of spill
e. Volume of product released
f. Total potential of release
g. Type of release (instantaneous, continuous, intermittent, etc.)
2. Characteristics of the spilled oil
a. Specific gravity:
b. Viscosity
c. Pour Point
d. Volatility - (Flash point)
e. Relative Toxicity
3« Weather and Water Condition/Forecasts
a. Air temperature, wind speed, and direction:
b. Tide and Current information
c. Sea Conditions
d. Water temperature and salinity
e. Water depth and depth of the mixed layer
29 Original
-------
U08.2-l(cont'd)
4. Oil Trajectory Information
a. 48-hour surface oil trajectory forecast:
1. Surface area of slick
2. Expected areas of land fall
b. 48-hour dispersed oil trajectory forecast:
1. Oil movement in water column
2. Surface oil movement and expected land fall
5. Characteristics of available dispersants and application equipment.
a. Characteristics of the dispersants:
Product One Product Two Product Three
1. name
2. manufacturer
3. when available
4. location(s)
5. amount available
6. type of containers
7. characteristics
(a) toxicity
(b) reactions
(c) applicability
to spilled oil
(d) other
8. application methods
9* misc.
30 Original
-------
U08.2-l(oont'd)
b. Type of transportation and dispersing equipment:
Company One Company Two Company Three
1. name
2. location
3. time to arrive
U. equipment available
5. other
6. Information about available dispersant and dispersing equipment.
a. Name of the proposed dispersant on EPA and state acceptance list:
b. Type (self-mix, concentrate, etc)
c. Proposed application methods and rates
d. Efficiency under existing conditions (% dispersed and volume
dispersed)
e. Schedule of the dispersant operation
f. .Location of the area to be treated
g. Surface area of the slick which can be treated in the scheduled time
period
7. Conventional methods and time considerations for containment and cleanup
feasible and available.
Dispersant treated spill Untreated spill
a. Containment at
the source
b. Shoreline protection
strategies
c. Shoreline cleanup
strategies
d. Time necessary to
execute response
31 Original
-------
U08.2-l(cont'd)
8. Habitats and resources at risk:
Dispersant treated spill Untreated spill
a. Shoreline habitat type
and area of impact
1.
2.
3-
4.
b. Resources *
1. endangered/threatened
species
2. marine mammals
(pupping, migration)
3- waterfowl use
(nesting, migration)
4. shellfish (spawning,
harvesting)
5. finfish (spawning,
release migration,
harvest)
6. commerical use
(aquaculture, water
intakes, etc)
7. public use areas
(parks, marinas,etc)
8. other resources of
special significance
* indicates seasonal considerations
9. Economic Considerations
a. Cost of the dispersant operation
32 Original
-------
408.2-lCont'd)
b. Cost of conventional containment and protection
1. with dispersant use
2. without dispersant use
c. Cost of shoreline cleanup (cost per barrel x number of barrels
reaching shoreline)
1. with dispersant use
2. without dispersant use
10. Recommendation to the RRT
a. Do not use dispersants
b. Use dispersants on a trial basis, to ensure effectiveness
c. Disperse in limited or selected areas
d. Disperse to the maximum extent possible with accepted methods
11. RRT Evaluation of the consequences of a dispersant application decision.
a. Will application of dispersant remove a significant amount of the
slick from surface water?
b. Can dispersants alter the extent or location of shoreline impacts.
c. Can the damage to endangered or threatened species, marine mammals,
and waterfowl' be lessened?
d. Will the damage to habitats and resources resulting from chemical
dispersion be less than those resulting without chemical dispersion?
e. If recreational, economic and aesthetic considerations are a higher
priority than natural resource consideration, what is the most effective
means of their protection?
33 Original
-------
Dispersant Checklist Flow Chart
Spill Date
(OSC)
Characteristics of the Oil
(OSC)
Characteristics of Available
Dispersants (OSC)
Method of Dispersant
Use (OSC)
Conventional Response
Methods (OSC)
Weather/Water Conditions
(SSC)
Oil Trajectory Information
(SSC)
Habitat and Resources at
Risk (SSC)
Economic Considerations
(OSC)
Recommendations to the RRT
(OSC)
Evaluation of Consequences
(RRT)
Original
-------
500 - PROCEDURE FOR REVIEWING AND UPDATING THE REGIONAL AND LOCAL
CONTINGENCY PLANS
501 RESPONSIBILITY
501.1 General responsibility for coordinating revisions and distribution
of the basic plan and annexes will rest with the Commander, Twelfth Coast
Guard District (mepps).
501.2 Amendments to the Local Contingency Plans will be coordinated by
the Chairman of the Response Team responsible for developing that plan. Each
Coast Guard Predesignated OSC is responsible for revising his local plan.
502 PROCEDURES FOR REVIEW
502.1 This plan will be reviewed annually for errors, changes and
omissions. All revisions will be coordinated with and have the concurrence
of any agency affected by such change. Comments may be solicited by mail;
however, if there is significant discussion, meetings should be held to
resolve any differences. All revisions will be coordinated with the
Commander, Twelfth Coast Guard District for format and amendment numbering.
All revisions should be accompanied by a revision to the list of effective
pages. Sufficient copies will be printed to effect distribution as per Annex
I.
502.2 The Regional Response Team Directories included in Annex II require
current accurate information. These directories will be amended as often as
necessary. The date the directory is corrected to will be indicated in the
upper right corner of the directories title page.
35 Original
-------
ANNEX I
1100 DISTRIBUTION
1100 General
This Plan, and all approved amendments and changes, will be distributed to the
primary and advisory agencies, and other Federal , State, Local/Private
agencies and organizations which are cooperating with activities in support of
the Plan; and any other individuals, groups or organizations upon request.
1102 Distribution
Commandant U. S. Coast Guard (G-WER) 1
Administrator EPA (WH-548) 1
Commander, CG Pacific Area (Pom) i
USCG Pacific Strike Team 1
USCG Alantic Strike Team 1
USCG Gulf Strike Team 1
EPA Environmental Response Team 2
Region IX Response Team members and other State,
Federal and Local Agencies (listed in Annex II
sections 1201 and 1202) 1 ea
Eleventh Coast Guard District Office 5
Twelfth Coast Guard District Office 5
Thirteenth Coast Guard District Office 1
Fourteenth Coast Guard District Office 5
EPA Region IX Office 10
EPA Region X Office 1
USCG Marine Safety Office San Diego, CA 4
USCG Marine Safety Office Honolulu, HI 4
USCG Marine Safety Office San Francisco, CA 4
USCG Marine Safety Office Los Angeles/Long Beach, CA 4
USCG Station Kauai, HI 1
USCG Group Humboldt Bay, CA 1
USCG Group San Francisco, CA 1
USCG Group Monterey, CA 1
USCG Marine Safety Detachment Santa Barbara, CA .1
USCG Port Safety Station Concord, CA 1
USCG Vessel Traffic System San Francisco, CA 1
USCG Commander MARSEC 1
USCG Cape Small 1
USCG Reserve Group MSO Los Angeles/Long Beach 1
USCG Reserve Unit MSO San Diego 1
USCG Reserve Unit Santa Barbara 1
USCG Reserve Group San Francisco 1
USCG Reserve Group MSO San Francisco 1
USCG Reserve Group Humboldt Bay 1
Interested Federal, State, and Local agencies and private parties may obtain
copies of this Plan by written request to:
Commander(mepps)
Twelfth CG District
Government Island
Alameda, CA 94501
1-1 Original
-------
ANNEX II
1200 - REGIONAL RESPONSE TEAM
1201 Region IX Response Team - Mainland
A directory of the members of the Region IX Response Team - Mainland is
included a TAB A to this Annex.
1202 Region IX Response Team - Oceania
A directory of the members of the Region IX Response Team - Oceania is
included as TAB B to this Annex.
1203 Emergency Disaster Response Organizations Directory
A directory of national emergency and disaster response organizations is
provided as TAB C.
II-l Original
-------
TAB A
REGION IX MAINLAND POLLUTION RESPONSE TEAM DIRECTORY
REGION IX CO-CHAIRMAN - MS. SONIA CROW
REGION IX CO-CHAIRMAN - VADM CHARLES E. LARKIN
CHAIRMAN Inland - MR. HARRY SERAYDARIAN
EXEC. SEC. Inland - MR. CHRIS VAIS
CHAIRMAN North Coastal - CAPT C. GLASS
EXEC. SEC. North Coastal - CDR G. H. BROWN III
CHAIRMAN South Coastal - CAPT L. E. BEAUDIN
EXEC. SEC. South Coastal - CDR L. A. ONSTAD
PARTICIPATING AGENCIES
Islnland Team Representatives
N=North Coastal Representatives
S=South Coastal Representatives
* Indicates lead agency representative for coastal spills
** Indicates lead agency representative for inland spills
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Regional Forester, Region III
517 Gold Avenue, S. W.
Albuquerque, MM 87102
Office phone: (505) 766-2401
FOREST SERVICE (I)
Regional Forester, Region IV
234 25th Street
Ogden, UT 84401
Office phone: (801) 399-6202
FOREST SERVICE (I)
Regional Forester, Region V
630 Sansome Street
San Francisco, CA 94111
Representative: Mr. John Chaffin
Title: Regional Emergency Director,
State & Private Forestry
Office phone: FTS 556-4310 Comm: (415) 556-4310
Home phone: (707) 763-5648
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (N.S.)
Office of Marine Pollution Assessment
Pacific Office-NOAA/OMPA
7600 Sand Point Way N. E.
BIN C15700
Seattle, WA 98115
II-A-1 Original
-------
* Representative: Dr. Howard S. Harris
Title: Director, OMPA Pacific Office
Office phone: (206) 527-6340 - FTS.446-6340
Home phone: (206) 232-6073
* Alternate: LCDR Lawrence E. Keister
Title: Office of Marine Pollution Assessment
Office Phone: (206) 527-6341 - FTS 446-6341
Home Phone: (206) 527-0496
* Alternate: Robert Pavia
Title: Scientific Support Coordinator
Office Phone: (206) 527-6319 - FTS 446-6319
24 hour Phone: (206) 343-3432
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (N,S)
National Marine Fisheries Service
300 South Ferry Street
Terminal Island, CA 90731
Representative: Mr. Alan W. Ford
Title: Regional Director
Office Phone: (213) 548-2575
FTS: 796-2575
Home Phone: (213) 541-8294
Alternate: Rodger S. C. Wolcott Jr.
Office Phone: (415) 556-0565 FTS 556-0565
Home Phone: (415) 892-1859
Alternate: James J. Slawson
Office Phone: (213) 548-2518 FTS 796-2518
Home Phone: (213) 427-3722
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (N,S)
National Marine Fisheries
3150 Paradise Drive
Tiburon, CA 94920
Representative: Mr. Thomas G. Yocom
Office Phone: (415) FTS 556-0565
Home Phone: (415) 333-3762
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (N,S)
National Weather Service
660 Price Avenue
Redwood City, CA 94063
Representative: Mr. Richard Wagoner
Title: Meterologist in Charge, NWS Office
Office Phone: (408) 275-7767 FTS 463-7767
Home Phone: (415) 369-8599
II-A-2 Original
-------
Alternate: Mr. Dale A. Goudeau
Title: Deputy Meterologist in Charge, NWS office
Office Phone: (408) 275-7767 FTS 463-7767
Home Phone: (415) 648-6143
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (S)
National Weather Service
11102 Federal Building
11000 Wilshire Blvd.
Los Angeles, CA 90024
Representative: Mr. Arthur C. Lessard
Title: ' Meterologist in Charge
Office Phone: (213) 824-7214(24hr) FTS 799-7818
Home Phone: (213) 472-9602
Alternate: Mr. John Henderson
Title: Marine Focal Point
Office Phone: (213) 834-7214(24hr) FTS 799-7818
Home Phone: (213) 328-3679
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (I)
NOAA.NWS Regional Office
P.O. Box 11188
Salt Lake City, UT 84147
** Representative: Mr. Thomas Bowers
Title: Regional Hydrologist
Office Phone: (801) 524-5137 FTS 588-5137
Home Phone: (801) 355-2034
DEPARTMENT OF DEFENSE
HEADQUARTERS SIXTH 0. S. ARMY (I,N,S)
Presido of San Francisco, CA 94129
Representative: Majur Claji l>u» OisalA VT^ •
Title: Chief, Emergency Operations Center
Office Phone: (415) 56l-5671(24hr)
Alternate: LT Colonel Jack A. Craig
Title: Chief, Operations Readiness
Office Phone: (415) 56l-5671(24hr)
ELEVENTH NAVAL DISTRICT (I,S)
937 North Harbor Drive
San Diego, CA 92132
Representative: Mr. David Fischer
Title: Env. Prot. Program Coord. (CODE 0 3E)
Office Phone: (714) 235-3853
FTS Phone: 894-3547(24hr)
Alternate: Mr. Villi Jepsen
Title: Head, Env. Engineering Branch
Office Phone: (714) 235-3547(24hr)
II-A-3 Original
-------
ELEVENTH NAVAL DISTRICT (I,N)
NAVSUPPACT, Treasure Island
San Francisco, CA 94130
Representative:
Title:
Office. Phone:
CW03 Jerry Rice
Asst. Port Services Officer
(415) 765-5043, 765-5823(24hr)
U. S. ARMY CORPS OF ENGINEERS (I,N,S)
South Pacific Division
630 Sansome Street, Room 1240
San Francisco, CA 94111
Representative:
Title:
Office Phone:
(24hr) Phone:
Alternate:
Title:
Office Phone:
(24hr) Phone:
Col. Gary Lord
Mobilization Chief
(415) FTS 556-6780
(415) FTS 556-3108
Mr. R. E. Skillings •
Emergency Operations Manager
(415) FTS 556-1675
(415) FTS 556-3108
SUPERVISOR OF DIVING AND SALVAGE (I,N,S)
Naval Sea Systems Command
Code: OOC
Washington, DC 20362
Representative:
Title:
Office Phone:
Alternate
Title
Office Phone:
Alternate:
Title:
Office Phone:
CDR Charles MACLIN
Supervisor of Salvage and Diving
(202) 697-7386 Not manned 24 hr.
CDR Raymond SWANSON
Supersivor of Diving
(202) 697-7386
CDR Barley OIEN
Supervisor of Salvage
(202) 897-7386
DEPARTMENT OF ENERGY (I,N,S)
San Francisco Operation Office
1333 Broadway
Oakland, CA 94612
Representative:
Office Phone:
24 hr phone:
Alternate:
Office Phone:
Mr. Philbert Fong
(415) 273-7963
(415) 273-4237
Mr. Warren Warner
same as above
II-A-4
Original
-------
DEPARTMENT OF HEALTH AND HUMAN SERVICES (I,N,S)
Regional Disaster Assistance Coordinator
50 United Nations Plaza, Room 133
San Francisco, CA 94102
Representative: Mr. J. D. Knochenhauer
Title: Regional Emergency Coordinator
Office Phone: (415) 556-3687
Home Phone: (415) 3*5-9511
Alternate: Ms Evelyn C. Wachtel
Title: Federal Real Property and Emergency Program Specialist
Office Phone: (415) 556-3687
Home Phone: (415) 658-4651
Alternate: Joel D. Mulder
Title: HHS/CDC Liaison
Office Phone: (415) 97^-8134 (24 hr.) FTS 454-8134
DEPARTMENT OF INTERIOR
MINERALS MANAGEMENT SERVICE (I,N,S)
Pacific OCS Region
1340 West Sixth Street
Los Angeles, CA 90017
Representative: Mr. Reid Stone
Title: Area Oil & Gas Supervisor
Office Phone: (213) 688-6990
Home Phone: (213) 823-1289
Alternate: Mr. Harry Cypher
Title: Deputy Minerals Manager, Field Operations
Office Phone: (213) 688-2846
Home Phone: (213) 693-4287
U. S. FISH AND WILDLIFE SERVICE (I,N,S)
2800 Cottage Way
Room E-2727
Sacramento, CA 95825
Representative: Mr. Randall Smith
Title: Regional Pollution Response Coordinator
Office Phone: (916) 484-4731 FTS 468-4731
Home Phone: (916) 753-6067
Alternate: Mr. David J. Lenhart
Title: ECE Staff Specialist
Office Phone: (503) 231-6160 FTS 429-3160
Home Phone: (503) 254-2739
U. S. FISH AND WILDLIFE SERVICE (I)
Region 2
P. 0. Box 1306
Albuquerque, NM 87103
II-A-5 Original
-------
Representative: Mr. Charlie Sanchez Jr.
Title: Regional Pollution Response Coordinator
Office Phone: (505) 766-3187 FTS 474-2911
Home Phone:
Alternate: Mr. Harry D. Kennedy
Title: Alternate Regional Pollution Response Coord.
Office Phone: (505) 766-3590 FTS 474-2914
Home Phone: (505) 298-1495
BUREAU OF INDIAN AFFAIRS (I)
Director, Phoenix Area
P. 0. Box 7007
Phoenix, AZ 85001
Office Phone: (602) 241-2305 FTS 261-2305
BUREAU OF LAND MANAGEMENT (I)
Director, State of California
Federal Office Building
2800 Cottage Way
Sacramento, CA 95825
Representative: Lois E. Payne
Office Phone: (916) 484-4701 FTS 468-4701
Alternate: Mr. Paul Lynch
Office: (916) 484-4625 FTS 468-4625
Home Phone: (916) 331-2280
BUREAU OF LAND MANAGEMENT (I)
Director, State of Nevada
Federal Building, P.O. 12000
300 Booth Street
Reno, NV 89502
Office Phone: Commercial: (702) 784-5452 FTS 470-5452
OFFICE OF THE SECRETARY
P.O. Box 36098
450 Golden Gate Ave.
San Francisco, CA 94102
Representative: Patricia Port
Title: Regional Environmental Officer
Office Phone: (415) 556-8200 FTS 556-8200
Home Phone: (415) 322-8273
BUREAU OF RECLAMATION
Regional Director
Lower Colorado Region
P. 0. Box 427
Boulder City, NV 89005
Office Phone: (712) 293-8411 FTS 598-7411
II-A-6 Original
-------
NATIONAL PARK SERVICE
Superintendent
Lake Mead National Recreation Area
601 Nevada Highway
Boulder City, NV 89005
Office Phone: (702) 293-4041
Channel Islands National Park
1699 Anchors Way Drive
Ventura, CA 93003
Representative: Mr. William Ehorn
Title: Superintendent
Office Phone: Commercial and FTS (805) 644-8157
DEPARTMENT OF JUSTICE
TORTS BRANCH. CIVIL DIVISION
U. S. Dept. of Justice
450 Golden Gate Ave.
P. 0. Box 36028
San Francisco, CA 94102
Representative: Mr. Philip A. Berns
Title: Attorney in Charge
Office phone: (415) 556-3146
Home Phone: (415) 938-6745
Alternate: LCDR Robert G. Frame
Title: Attorney
Office Phone: (415) 556-3145
Home Phone: (707) 429-4487
U. S. DISTRICT ATTORNEY OFFICES
ARIZONA
U. S. Attorney
4000 Federal Building
230 N. First Ave.
Phoenix, AZ 85025
Representative: Mr. A. Melvin Me Donald
Title: U. S. Attorney
Office Phone: (602) 261-3011 FTS 261-3011
Alternate: Mr. Steve Me Namee
Title: Chief Assistant U. S. Attorney
Office Phone: (602) 261-3011
CALIFORNIA
U. S. Attorney
1200 U. S. Courthouse
312 N. Spring Street
Los Angeles, CA 90012
II-A-7 Original
-------
Representative:
Title:
Office Phone:
24-hr Phone:
Richard Drooyan
Chief, Criminal Complaint Section
(213) 688-2423 FTS 798-2423
(213) 688-2434
SACRAMENTO (I,N,S)
U. S. Attorney
650 Capitol Mall, Room 3305
Sacramento, CA 95841
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Donald Ayer
U. S. Attorney
(916) 440-2331 FTS 448-2331
(916) 442-7059
Charles Renda
Assistant U. S. Attorney
(916) 440-2331 FTS 448-2331
(916) 486-9323
SAN DIEGO (I,S)
U. S. Attorney
U. S. Courthouse
940 Front Street, Room 5-M-19
San Diego, CA 92189
Representative: Mr. Peter K. Nunez
Office Phone: (714) 293-5610 FTS 895-5610
Alternate:
Office Phone:
SAN FRANCISCO
U. S. Attorney
Federal Building, 16th Floor
Box 36055
450 Golden Gate Ave.
San Francisco, CA 94102
Peter Bowie
(714) 293-5610 FTS 895-5610
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Rodney Hamblin
Assistant U. S. Attorney
(415) 556-5131
(415) 756-4934
Mr. Charles M. 0'Conner
Assistant U. S. Attorney
(415) 556-2245
(415) 383-6293
NEVADA (I)
U. S. Attorney
300 Las Vegas Blvd. South
P. 0. Box 16030
Las Vegas, NV 89101-0030
II-A-8
Original
-------
Representative: Mr. Lamond Mills
Title: U. S. Attorney
Office Phone: (702) 385-6336 FTS 598-6336
DEPARTMENT OF LABOR
OSHA- Technical Support
Box 36017
450 Golden Gate Ave.
San Francisco, CA 94102
Representative: Mr. Jim Guenther
Title: Safety Engineer Technical Support
Office Phone: (415) FTS 556-1636
Home Phone:
DEPARTMENT OF TRANSPORTATION
U. S. COAST GUARD (I,N)
Commander, Twelfth Coast Guard District
Government Island
Alameda, CA 94501
Representative: CAPT Charles Glass
Title: Chief, Marine Safety Division
Office Phone: (415) 273-7211 FTS 536-7211
Alternate: CDR G. H. Brown III
Title: Chief, Marine Env. Prot. & Port Safety Br.
Office Phone: (415) 273-7211 FTS 536-7211
24 Hour Phone: (415) 556-5500
U. S. COAST GUARD
Commander, Eleventh Coast Guard District (1,3)
Union Bank Building
400 Oceangate Blvd.
Long Beach, CA 90822
Representative: CAPT Leon E. Beaudin
Title: .Chief, Marine Safety Division
Office Phone: (213) 590-2301 FTS 984-9301
Home Phone: (714) 857-8358
Alternate: CDR L. A. On3tad
Title: Chief, Marine Env. Prot. & Port Safety Br.
Office Phone: (213) 590-2301 FTS 984-9301
Home Phone: (714) 960-6661
NATIONAL STRIKE FORCE
PACIFIC STRIKE TEAM-U.S. COAST GUARD (I,N,S)
Hanger #2, Building 390
Hamilton AFB, CA 94934
Representative: LCDR O'Brien
Title: CO, Pacific Strike Team
Office Phone: (415) 556-2655
Home Phone: (415) 883-3075
24 Hour: (415) 883-3311
II-A-9 Original
-------
Altetnate:
Title:
Office Phone:
Home Phone:
LCDR B. Rome
XO, Pacific Strike Team
(415) 556-2655
(415) 883-6978
ENVIRONMENTAL PROTECTION AGENCY
Region IX
215 Fremont Street
San Francisco, CA 94105
Representative:
Title:
Office Phone:
24-hour phone:
Alternate:
Title:
Office Phone:
24 hr. Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Harry Seraydarian
Acting Director, Toxic 4 Waste Management Division
(415) 974-7460 FTS 454-7460
(415) 974-8131 FTS 454-8131
Mr. Terry Brubaker
Chief, Emergency Response Section
(415) 974-7511 FTS 454-7511
(415) 974-8131 FTS 454-8131
Mr. Chris Vais
Oil and Hazardous Materials Coordinator
(415) 974-8133 FTS 454-8133
(415) 521-4347
FEDERAL EMERGENCY MANAGEMENT AGENCY
FEMA Region IX
Building 105 Presidio of San Francisco
San Francisco, CA 94129
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
STATE OF ARIZONA
Arizona Dept. of Health Services
Division of Environmental Health, Room 202
1740 West Adams Street
Phoenix, A2 85007
Roy J. Gorup
Public Assistance Officer
(415) 556-9830
(707) 762-9407
Mr. Tom C. Hamner
Chief, Disaster Assistance Programs
(415) 556-9830
(415) 922-1132
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Ted Blackburn
Hazardous Waste Section
(602) 255-1160 FTS 765-1160
(602) 971-2189
Mr. Bill Williams
Manager, Hazardous Waste Section
(602) 255-1160 FTS 765-1160
(602) 253-6052
II-A-10
Original
-------
ARIZONA DIVISION OF EMERGENCY SERVICES (I)
5636 E. Me Dowell Rd.
Phoenix, AZ 85008
Representative: Mr. Emory G. Vickers
Title: Hazardous Materials Program Coordinator
Office Phone: (602) 273-9880
24 Hour Phone: (602) 262-8011
ARIZONA GAME & FISH DEPARTMENT (I)
Director
2222 W. Greenway Road
Phoenix, AZ 85023
Office Phone: (602) 942-3000
24 Hour: (602) 255-5507
STATE OF CALIFORNIA
California Department of Fish & Game
1416 Ninth Street
Sacramento, CA 95814
Representative: LT Ed A. Simons
Title: State Agency Coordinator
Office Phone: (916) 323-0635
Home Phone: (415) 634-5802
OFFICE OF EMERGENCY SERVICES (I.N.S.)
P.O. Box 9577
Sacramento, CA
Representative: Gerald R. Schimke
Title: Chief, Hazardous Material Section
Office Phone: (916) 427-4287 24 Hour
CALIFORNIA HIGHWAY PATROL (I)
P.O. Box 898, 2555 First Ave.
Sacramento, CA 95804
Representative: CAPT Tedd Starr
Alternate: LT Dave Moore
Office Phone: (916) 445-1626
24 hour Phone: (916) 445-2211
CALIFORNIA DEPARMTENT OF HEALTH SERVICES (I.N.S)
714 P Street, Room 584
Sacramento, CA 95814
Representative: Mr. Cody Begley
Title: Emergency Response Coordinator
Office Phone: (916) 324-2445
Home Phone: (209) 473-4033
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (I,N,S)
1416 9th Street
Sacramento, CA 95814
II-A-11 Original
-------
Representative: Dr. Fred Lercari
Title: Environmental Specialist
Office Phone: (916) 322-0210
Home Phone: (916) 791-7583
STATE OF NEVADA (I)
Nevada Civil Defense 4 Disaster Assistance Division
Capitol Complex
Carson City, NV 89710
Representative: Mr. Robert Andrews
Title: Director
Office Phone: (702) 885-4240 FTS 450-4334
Home Phone: (702) 882-6194
24 hr. Phone: (702) 885-5300
Alternate: Donald L. Dehne
Title: Plans & Program Officer
Office Phone: (702) 885-4240 FTS 450-4240
Home Phone: (702) 882-8965
DEPARTMENT OF CONSERVATION 4 NATURAL RESOURCES
Adminstrator
Division of Environmental Protection
201 South Fall Street Room 221
Carson City, NV 89710
Representative: Mr. Lewis Dodgion
Office Phone: (702) 885-4670
NEVADA DEPARTMENT OF WILDLIFE
Director
P.O. Box 10678
Reno, NV 89520
Representative: Mr. William Molini
Office Phone: (702) 784-6214
II-A-12 Original
-------
TAB B
REGION IX OCEANIA POLLUTION RESPONSE TEAM DIRECTORY
CHAIRMAN - CAPT R. JANECEK
EXECUTIVE SECRETARY - LT S. P. PURVINE
H
G
TT
NM
AS
DEPARTMENT OF COMMERCE
Hawaiian Island Representative
Guam Representative
Trust Territory of Pacific Is. Rep
Commonwealth No. Marianas Is. Rep.
American Samoa Respresentative
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (H.G.TT.NM.AS)
NOAA/OMPA Marine Pollution Assesment
Pacific Office RD/MPF 25
7600 Sand Point Way N.E BIN C15700
Seattle, WA 98115
Repreaentative: Dr. Howard S. Harris
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Director
(FTS) 446-63^1 (COMM) 206-527-6341
206-232-6073
LCDR Lawrence E. Kelater, NOAA
(FTS) 446-6341 (COMM) 206-527-6341
206-527-0496
NATIONAL MARINE FISHERIES SERVICE (NOAA) (H.G.TT.NM.AS)
Western Pacific Program Office
2570 Dole Street
P. 0. Box 3830
Honolulu, HI 96812
Representative: Mr. Doyle E. Gates
Title: " Director
Office Phone: 808-946-2181
Home Phone: 808-261-1800
Alternate:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. John J. Naughton
Fisheries Bioligist
808-955-8831
808-262-9029
Mr. Eugene Nitta
Marine Mammal And Endangered Species Program
Coordinator
(808) 955-8831
(808) 487-5256
II-B-1
Original
-------
SCIENTIFIC SUPPORT COORDINATOR (H.G.TT.NM.AS)
National Oceanic and Atmospheric Administration
7600 Sand Point Way NE
BIN C15700 TELEX ADDRESS: RHWIFUD/NOAA
Seattle, WA 98115 OMPA HAZMAT SEATTLE WA
Representative:
Title:
Office Phone:
24 Hour Pager:
Mr. Robert Pavia
Scientific Support Coordinator
206-527-6319 FTS 446-6319 '
Commercial (206) 343-3432
NATIONAL WEATHER SERVICE (NOAA) (H.G.TT.NM.AS)
Forecast Office
Homolulu International Airport
Honolulu, HI 96819
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Clarence Lee
Meteorologist in Charge
808-836-1831/2102
808-455-5405
Mr. Andrew K.T. Chun
Deputy Meteorologist in Charge
808-836-1831/2102
808-395-1885
DEPARTMENT OF DEFENSE
COMMANDER IN CHIEF PACIFIC (CINCPAC) (H.G.TT.NM.AS)
Facilities Engineering Division
CINCPAC Staff Box 20
Camp H. M. Smith, HI 96821
Representative:
Title:
Office Phone:
24-hour Phone:
Alternate:
Title:
Office Phone
24-Hour Phone
CDR W. H. Hatter, CEC, USN
Facilitiees Plans Officer
808-477-6894
808-477-6601
CAPT D. S. BOLINGER, CEC, USN
Chief, Facilities Engineering Division
808-477-5023
808-477-6601
COMMANDER. NAVAL BASE. PEARL HARBOR (H)
Box 110
Pearl Harbor, HI 96860 Attn: N3
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
CDR J. I. JUDGE
Operations Officer
808-471-3084 24-Hour Phone 808-474-9201
808-254-3090
LCDR J. P. Nelson
Assistant Operations Officer
808-471-3084 24-Hour Phone 808-474-9201
808-487-0414
II-B-2
Original
-------
COMNAVMARIANAS/COMNAVBASE GUAM//COMMANDER IN CHIEF PACIFIC GUAM AND
THE TRUST TERRITORIES OF THE PACIFIC ISLANDS (G.TT.NM)
COMNAVMARIANAS/COMNAVBASE GUAM//TTPI
Fleet Support Office (N3)
Box 9
FPO San Francisco 96630
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
CDR J. R. Walker
Fleet Support Officer (N-3)
Com: 349-5231/AUTOVON: 321-5623
332-2128
YNC J. L. Adams
N-3 Office Supervisor
COM: 349-5231/AUTOVON: 321-5623
332-2203
U. S. ARMY CORPS OF ENGINEERS (H,AS)
District Engineer
Building 230
Fort Shafter, HI 96858
Re pr es en tat iv e:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
COL Alfred J.Thiede
District Engineer
808-438-1091
808-623-5077
Mr. James H. S. Lee
Emergency Operations Manager
808-438-1673
808-235-1514
MAJ Edmund A. Thai
Deputy District Engineer
808-438-1069
808-841-3518
U. S. AIR FORCE (H.AS)
Commander
15th Air Base Wing/DEMRL
ATIN: Chief, Readiness and Logistics
Hickman AFB, HI 96853
Re pr es en ta ti ve:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
2nd LT Leonard A. Patrick
Chief, Readiness and Logistics
808-449-1640
808-423-1785
Mr. Reggie Yamada
Environmental Engineer
808-449-1831 (24-Hour)
II-B-3
Original
-------
Alternate: Capt Stephen W. Lee
Title: Chief, Resources and Requirements
Office Phone: 808-"49-l640
Home Phone: 808-423-1785
U. S. NAVAL OCEANOGRAPHY COMMAND CENTER. GUAM M.I. (G, TT. NM)
Commanding Officer
U. S. Naval Oceanography Command Center
COMNAVMARIANAS Box 12
FPO San Francisco, CA 96630
Representative: LCDR W. A. Butler
Title: Oceanographic & Technical Services Officer
Office Phone: 344-7198 (Guam)
Home Phone: 332-6294 (Guam)
Alternate: CDR R. A. Garcia
Title: Operations Officer
Office Phone: 344-4230 (Guam)
Home Phone: 332-2169 (Guam)
DEPARTMENT OF INTERIOR (H.G.TT.NM.AS)
U. S. Fish and Wildlife Service
300 Ala Moana Blvd.
Room 6037
Honolulu, HI 96850
Representative: Mr. John I. Ford
Title: Fisheries Biologist
Office Phone: 808-546-7530/7531/7508
Home Phone: 808-488-4435
Alternate: Mr. Stuart Fefer
Title: Wildlife Bioligist
Office Phone: (808) 546-5608
REGIONAL ENVIRONMENTAL OFFICER
Regional Environmental Officer
P. 0. Box 36098
450 Golden Gate Avenue
San Francisco, CA 94102
Representative: Mrs. Pat Port
Title: Regional Environmental Officer
Office Phone: FTS 556-8200
DEPARTMENT OF TRANSPORTATION (H.G.TT.NM.AS)
Commander, 14th Coast Guard District
300 Ala Moana Blvd.
Honolulu, HI 96850
II-B-4 Original
-------
Representative:
Title:
Office Phone:
24-hour Phone:
Alternate:
Title:
Office Phone:
Home Phone:
Representative:
Title:
Office Phone:
Address:
CAPT R. A. Janecek
Chief, Marine Safety Division
808-546-7510
808-546-7109
LT S. P. Purvine
Chief, Marine Environmental Protection Branch
808-546-7510
808-833-2105
CAPT B. G. Burns
CO, Marine Safety Office, Honolulu (OSC)
808-546-7146
433 Ala Moana Blvd., Rm 1,
Honolulu, HI 96813
(AS) LTJG M. D. Morse
CG LIASON OFFICER (OSC's Representative)
633-1277 (American Samoa)
633-9821 (American Samoa)
P. 0. Box 249, Pago Pago, American Samoa 96799
NOTE: To dial direct to Samoa, use: Oil plus 684 then the seven
digit number.
Representative
Title:
Office Phone:
Home Phone:
Address:
NATIONAL STRIKE FORCE- PACIFIC STRIKE TEAM (I.N.S)
Hanger #2, Bldg. 390
Hamilton AFB, CA 94934
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
LCDR J. O'Brien
CO, Pacific Strike Team
415-556-2655 - After hours 556-5500; ask
the Strike Team OOD to return call.
415-883-3075
LCDR Dennis "Buzz" Rome
XO, Pacific Strike Team
415-556-2655 after hours 415-556-5500
ask the Strike Team OOD to return call
ENVIRONMENTAL PROTECTION AGENCY (H.G.TT.NM.AS)
Region IX
215 Fremont Street
San Francisco, CA 94105
Representative: Mr. Harry Seraydarian
Title: Acting Director, Toxic Waste Management Division
Office Phone: 415-974-7460 FTS 454-7460
24-hour Phone: 415-974-8131 FTS 454-8131
Alternate:
Title:
Office Phone:
Home Phone:
24-hour Phone:
Mr. Christopher Vais
Oil & Hazardous Materials Coordinator
415-974-8130 FTS 454-8130
415-521-4347
415-974-8131 FTS 454 -8131
II-B-5
Original
-------
STATE OF HAWAII (H)
HAWAII STATE DEPARTMENT OF DEFENSE (Lead Agency; Hawaii Liaison Group)
State of Hawaii
Civil Defense Division
3949 Diamond Head Road
Honolulu, HI 96816
Representative: Mr. Thomas 0. Batey
Title: Chief, Plans and Operations Branch
Office Phone: 808-734-2161
HOme Phone: 808-347-2922
Alternate: Mr. Robert Sorg
Title: Economic Resources Mobilization Officer
Office Phone: 808-734-2161
Home Phone: 808-261-0346
MEMBERS HAWAII LIAISON GROUP
HAWAII STATE DEPARTMENT OF TRANSPORTATION
Harbors Division
P. 0. Box 397
Honolulu, HI 96816
Representative: Mr. Homer Maxey
Title: Oahu District Manager
Office Phone: 808-548-6255
Home Phone: 808-261-1059
OFFICE OF ENVIRONMENTAL QUALITY CONTROL (OEQC)
550 Halekauwila Street, Room 301
Honolulu, HI 96813
Representative: Ms. Jacqueline Parnell
Title: Director
Office Phone: 808-548-6915
Home Phone: 808-524-2572
Alternate: Mr. Michael Lim
Title: Environmental Planner
Office Phone: 808-548-6915
DEPARTMENT OF LAND AND NATURAL RESOURCES
Division of Aquatic Resources
1151 Punchbowl Street
Honolulu, HI 96813
Representative: Mr. Henry Sakuda
Title: Director
Office Phone: 808-548-5920
Home Phone: 808-396-0155
II-B-6 Original
-------
Alternate: Mr. Ronald Walker
Title: Wildlife Branch Chief
Office Phone: 808-548-5917
Home Phone: 808-235-1681
HAWAII STATE DEPARTMENT OF HEALTH
Pollution Investigation/Enforcement Branch
P. 0. Box 3378
Honolulu, HI 96801
Representative: Mr. Eugene Akazawa
Title: Supervisor
Office Phone: 808-518-6355
Home Phone: 808-524-6410
Alternate: Mr. Daniel Hori
Title: Environmental Health Specialist
Office Phone: 808-548-6355
Home Phone: 808-839-5623
MEMBERS OF HAWAII LIAISON GROUP (Cont'd)
UNIVERSITY OF HAWAII
Oceanography Department
100 Pope Road
Honolulu, HI 96822
Representative: Dr. Klaus Wyrtki
Title:
Office Phone: 808-948-7037
Home Phone: 808-949-2229
UNIVERSITY OF HAWAII
P. 0. Box 1346
Kaneohe, HI 96744
Representative: Dr. Steve Smith
Title:
Office Phone: 808-247-6631
Home Phone: 808-237-4746
CITY AND COUNTY OR HONOLULU
Oahu Civil Defense
650 S. King Street
Honolulu, HI 96813
Representative:. Mr. Malcolm A. Sussel
Title: Administrator
Office phone: 808-523-4121 24-Hr
Home Phone:
II-B-7 Original
-------
TERRITORY OF GUAM
TERRITORY OF AMERICAN SAMOA
COMMONWEALTH OF NORTHERN MARIANAS ISLANDS
TRUST TERRITORY OF PACIFIC ISLANDS
TERRITORY OF GUAM
GUAM ENVIRONMENTAL PROTECTION AGENCY (G)
P. 0. Box 2999
Agana, Guam 96910
Representative:
Title: Director, Solid/Hazardous Waste Mgt Program
Office Phone: 646-8863/4/5 (Guam)
Home Phone: 734-2570
DEPARTMENT OF AGRICULTURE. DIVISION OF AQUATIC AND WILDLIFE RESOURCES (G)
P. 0. Box 2950
Agana, Guam 96910
Representative: Mr. H. T. Kami
Title: Chief, Aquatic & Wildlife Resources Division
Office Phone: 734-3944
Home Phone: 734-2591
Alternate: Mr. Robert D. Anderson
Title: Assistant Chief, Aquatic & Wildlife
Office Phone: 734-3945
Home Phone: 789-1496
Alternate: Mr. Alan J. Hosmer
Title: Fishery Supervisor
Office Phone: 734-3945
Home Phone: 789-1105
NOTE: To dial Guam direct use Oil plus 671 & dial the- seven digit
number
DEPARTMENT OF PUBLIC HEALTH (G)
Box 2816
Agana, Guam 96910
Representative:
Title:
Office Phone: 734-9901 (Guam)
Home Phone:
UNIVERSITY OF GUAM (G)
Marine Laboratory
UOG Station
Mangilao, Guam 96913
Representative: Dr. Charles Birkeland
Title: Director, Marine Laboratory
Office Phone: 671-734-2421(Guam)
Home Phone: 671-789-2462
II-B-8 Original
-------
Alternate: Dr. James A. Marsh, Jr.
Title: Professor
Office Phone: 671-734-2421
Home Phone:
COMMERCIAL PORT OF GUAM (G)
P. 0. Box 1445
Agana, Guam 96910
Representative: Mr. F. G. Santos
Title: Harbor Master
Office Phone: 477-8752/477-8911 (Guam)
Home Phone: 472-6589 (Guam)
Alternate: Mr. Joseph Grant
Title: Assistant Harbor Master
Office Phone: 477-8697 (Guam)
Home Phone: 789-6103 (Guam)
TERRITORY OF AMERICAN SAMOA (AS)
ENVIRONMENTAL QUALITY COMMISSION
Environmental Quality Commission
Office of the Governor
American Samoa Government
Pago Pago, American Samoa 96799
Representative: Lyle Richmond
Title: Chairman, Environmental Quality Commission
Office Phone: 633-4116
Home Phone:
Alternate: Mr. Pati Faiai
Title: Executive Secretary
Office Phone: 633-4116
Home Phone:
COMMONWEATH OF NORTHERN MARIANAS (NM)
(To be Developed)
TRUST TERRITORY OF PACIFIC ISLANDS (TT.NM)
TRUST TERRITORY ENVIRONMENTAL PROTECTION BOARD (TT.EPB)
Trust Territory Environmental Protection Board
TTPI Headquarters
Saipan, CNMI 96950
Representative: Mr. Caleb T. Otto
Title: Chariman, TTEPB
Office Phone: 9433
Home Phone:
II-B-9 Original
-------
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Nachsa Siren
Executive Officer, TTEPB
9433 (Saipan)
ORGANIZATION WITH OBSERVER STATUS
H - HAWAII
G - GUAM
XT - TRUST TERRITORY OF PACIFIC ISLANDS
CN - COMMONWEALTH OF NORTH MARIANAS ISLANDS
AS - AMERICAN SAMOA
OCEANIC INSTITUTE (H)
Marine Biology Department
Makapuu Point
Waimanalo, HI 96795
Representative:
Title:
Office Phone:
Dr. Paul K. Bienfang
Senior Scientist
808-259-7951, 24 Hour
CLEAN ISLAND COUNCIL (H)
2569 Halekoa Drive
Honolulu, HI 96821
Representative:
Title:
Office Phone:
Home Phone:
Mr. Harold Mehlberg
Director
808-923-5726
808-734-4998
Alternate:
Title:
Office Phone:
Home Phone:
Mr. Willaim D. Aldenderfer
808-548-4206
808-373-3495
PEPPER INDUSTRIES. INC. (H)
91-294 Kauhi Street
Ewa Beach, HI 96706
Representative:
Title:
Office Phone:
Home Phone:
Alternate:
Title:
Office Phone:
Home Phone:
George Krakie
Operations Manager
808-682-2431
808-422-2980
Mr. Jeffrey W. Metzger
Production Manager
808-682-2431
II-B-10
Original
-------
GUAM OIL REFINING CO. (G)
P. 0. Box 3190
Agana, Guam 96910
Representative: Mr. Roberto H. Jurinario
Title: Safety Superintendent
Office Phone: 565-2921/2929 (Guam)
Alternate: Mr. Joseph G. Baza & Mr. Pete Dela Paz
DILLINGHAN CORPORATION OF GUAM (G.TT.NM)
Marine Services Division
P. 0. Box FN
Agana, Guam 96910
Representative: Mr. Roger E. Olegario
Title: Manager
Office Phone: 477-9319, 339-8154, 472-8515 (Guam)
Home Phone: 472-6059 (Guam)
Alternate: Mr. Paul M. Davidson
Title: Production Manager
Office Phone 477-9319, 339-8154, 472-8515 (Gaum)
Home Phone: 565-2367 (Guam)
MOBIL INTERNATIONAL PETROLEUM CORP. AMD MOBIL OIL MICRONESIO. INC (G.TT.NM)
P. 0. Box EU
Agana, Guam 96910
Representative: Mr. R. Strom Hideout
Title: Terminal Manager
Office Phone: 472-8861/2/3 (Guam) or 477-9971 (Guam)
Home Phone: 734-2377 (Guam)
Alternate:- Mr. Thomas H. Hale
Title: Supply & Program Assistant
Office Phone: 472-886l/2/3/(Guam) or 477-9971 (Guam)
Home Phone: 342-2288 (Guam)
UNITEK ENVIRONMENTAL SERVICES, INC. (H)
723 Umi Street
Honolulu, HI 96819
Representative: Mr. Randy Herold
Title: Business Development Manager
Office Phone: 808-845-2211
PACIFIC MARINE. A UNITEK COMPANY
Pier 13-14
Honolulu, HI 96817
Representative: Mr. James V. Sterling, Jr.
Title: Vice President/General Manager
Office Phone: 808-531-0182
II-B-11 Original
-------
Organizations are granted observer status upon request to the RRT via:
Commander (m)
Fourteenth Coast Guard District
300 Ala Moana Blvd.
Honolulu, HI 96850
Organizations with observer status are placed on the mailing list of RRT
activities and minutes. Observers status is not required for attendance at
RRT meetings.
ADVISORY MEMBERS
H - HAWAII REPRESENTATIVE
G - GUAM REPRESENTATIVE
TT - TRUST TERRITORY PACIFIC ISLAND REP.
NM - COMMONWEALTH NO. MARIANAS ISLAND REP.
AS - AMERICAN SAMOA REP.
TO BE DEVELOPED
II-B-12 Original
-------
TAB C
EMERGENCY DISASTER RESPONSE ORGANIZATION DIRECTORY
SPILL RESPONSE ENTITIES
NATIONAL RESPONSE CENTER-POLLUTANT PROJECTOR? FORECASTS
24-hr: 800-424-8802
PACIFIC STRIKE TEAM (USCG)
0800-1600 415-883-3311
After working hours call 415-556-5500
GULF STRIKE TEAM (USCG)
24-hr: Commercial: (601) 688-2380 FTS 494-2380
ATLANTIC STRIKE TEAM (USCG)
24-hr: Commercial: (919) 338-1100 FTS 931-0268
PUBLIC INFORMATION ASSISTANCE TEAM (USCG)
0730-1600 FTS 426-9568
After working hours call 800-424-8802
STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES
24-hr: 800-852-7550
INTERAGENCY RADIOLOGICAL ASSISTANCE PLAN
. 24-hr: 415-273-4237
NOAA SCIENTIFIC SUPPORT COORDINATION
Representative: Dr. Robert Pavia
Office: (206) 527-6319 FTS 446-6319
Pager: (206) 343-3432
INFORMATION ON SUPPORT
USCG POLLUTION RESPONSE PROGRAM MANAGEMENT (G-WPE-4)
0730-1600 FTS 426-9568
EPA ENVIRONMENTAL RESPONSE SECTION
24-hr: 415-974-8131 FTS 454-8131
Provides damage assessment, landward of the tidal baseline
II-C-I Original
-------
CHEMICAL TRANSPORTATION EMERGENCY CENTER (CHEMTREC)
24-hr:800-424-9300
Provides immediate advice for those personnel at the scene of a
chemical spill, provides contact with the shipper/manufacturer of the
chemicals involved.
EPA OIL AND HAZARDOUS MATERIALS TECHNICAL ASSISTANCE DATA SYSTEM (OHMTADS)
24-hr: 415-974-8131 FTS 454-8131
Provides a broad range of information on a large number of hazardous
chemicals. (Similar information content to CHRIS systems)
HYDRAULIC MODEL OF SAN FRANCISCO BAY (U. S. ACOE)
0730-1630 415-332-3870
After working hours call 415-388-5444 Attn: Mr. Johnson
MEDICAL ASSISTANCE
POISON CENTER
24-hr: 415-666-2845
OTHER
GOLDEN GATE NATIONAL RECREATION AREA
24-hr:(415) 556 7940
MUIR WOODS NATIONAL MONUMENT
Office Phone: 415-388-2595
POINT REYES NATIONAL SEASHORE
Office Phone: 415-663-8525
INTERNATIONAL BIRD RESCUE
24-hr: (415) 841-9086
II-C-2 Original
-------
ANNEX III
1300 REGIONAL RESPONSE CENTER
1301 General
The physical facilities provided at Region IX RRCs parallel those outlined
for the NRC in the NCP Section 300.36. There are four RRCs in Region IX.
Eleventh Coast Guard District
Union Bank Building
400 Ocean Gate
Long Beach CA 90822
Twelfth Coast Guard District
Government Island
San Francisco, CA 94501
Fourteenth Coast Guard District
Room 9141
300 Ala Moana Blvd.
Honolulu, HI 96850
EPA Region IX Office
215 Fremont Street
San Francisco, CA 94105
RRC Phone Numbers
213-590-2301 (COMM)
984-9301 (FTS)
984-9225 (24 Hr. FTS)
415-273-7211 (COMM)
536-7211 (FTS)
273-5500 (24 Hr. FTS)
808-546-7510 (COMM-FTS)
808-546-7109 (24 Hr. COMM/FTS)
415-974-7460 (COMM)
415-974-8131 (COMM 24 Hr.)
454-8131 (FTS)
III-l
Original
-------
ANNEX IV
GEOGRAPHICAL BOUNDARIES
1401 General
It is the purpose of this Annex to (a) describe the USCG/EPA boundaries
between coastal areas and inland zones for the purpose of providing on scene
coordinators in Region IX (b) predesignate on scene coordinators, and (c)
define important state agency districts within Standard Federal Region IX
1402 Dividing Lines Between Coastal and Inland Zones
1402.1 The Coast Guard furnishes the OSC for the coastal zone and the EPA
for the inland zone. This part gives the dividing lines of these two zones
of responsibility in Region IX.
1402.2 In the California coastal zone, the Coast Guard and EPA boundary
lines generally follows the coast highway. The dividing line deviates from
the coast highway in most urban areas to other thoroughfare bordering the
immediate coastline. (Maps delineating the EPA/USCG boundary line in the
southern area can be obtained from CCGDll(m)). The boundary line crosses
inlets, estuaries and bays as follows:
Otay River - Railroad bridge at Imperial Beach.
Sweetwater River - Interstate Highway 5 Bridge at mouth.
San Diego River - Interstate Highway 5 Bridge.
San Dieguito River - State Route 521 Bridge.
San Luis Rey River - Interstate Highway 5 Bridge at mouth.
San Margarita River - Santa Pe Railroad Bridge.
Newport Bay" - Pacific Coast Highway Bridge
Anaheim Bay/Huntington Harbor Complex - Pacific Coast Highway Bridge.
Alamitos Bay - 2nd Street Bridges.
San Gabriel River - Pacific Coast Highwy Bridge.
Los Angeles River - Anaheim Street Bridge.
Dominguiz Channel - Anaheim Street Bridge.
Ballona Creek - Line drawn across river mouth.
Santa Clara River - Harbor Blvd. Bridge.
Ventura River - Southern Pacific Railroad Bridge Grossing at mouth.
IV-1 Original
-------
Canada Del Refagio - Southern Pacific Railroad Bridge crossing the mouth.
Canada De Cija - Southern Pacific Railroad Bridge crossing the mouth.
Jalama Creek - Southern Pacific Railroad Bridge crossing the mouth.
Santa Ynez River - Southern Pacific Railroad Bridge crossing the mouth.
Santa Maria River - Line drawn across river mouth.
Big Sur River - Line drawn across river mouth.
Little Sur River - Highway 1 Bridge.
Carmel River - Line drawn across river mouth.
Moss Landing Harbor - To two miles inland of Highway 1 Bridge.
Pajaro River - McGowan Road Bridge.
San Lorenzo River - Line drawn across river mouth.
Estero de San Antonio - Line drawn across river mouth.
Estero Americano - Line drawn across river mouth.
Russian River - Line drawn across river mouth.
Gualala River - Line drawn across river mouth.
Navarro River - Line drawn across river mouth
Albion River - Highway 1 Bridge.
Little River - Highway 1 Bridge.
Big River - Highway 1 Bridge.
Noyo River - to flow of tide.
Tenmile River - Line drawn across river mouth.
Matole River - Line drawn across river mouth.
Bear River - Line drawn across river mouth.
Eel River - Line drawn across river mouth.
Humboldt Bay - All USCG responsibility.
Mad River - Line drawn across river mouth.
Klamath River - Interstate Highway 101 Bridge.
Smith River - Interstate Highway 101 Bridge.
IV-2 Original
-------
1402.2 (cont'd)
Magu Lagoon - All USCG responsibility.
Magu Harbor - All USCG responsibility.
Ventura Harbor - All USCG responsibility.
Santa Barbara Harbor - All USCG responsibility.
San Francisco Bay and Tributaries:
San Francisco Bay - Coast Guard Responsibility within the following
boundaries: (See chart)
Eastern Boundary;
From the intersection of Longitude 122 22'00"W and Highway 121 south to
the intersection of Longitude 122 22'00"W and Atlas road. East OH
Atlas Road to San Pablo. Northeast on San Pablo Avenue to Highway 4.
East on Highway 4 to Interstate 80. South on Interstate 80 to Highway
17. South on Highway 17 to Highway 237-
Southern Boundary;
From the intersection of Highway 17 and Highway 237. East on Highway
237 to Highway 101. Northwest on Highway 101 to Interstate 280.
Southwest on Interstate 280 to Highway 1. South on Highway 1 to a
point directly east of Pescadero Point. A line west to the coast at
Pescadero Point.
Western Boundary;
From Pescadero Point on the Coast at Latitude 37 14'00'N. Thence to
Latitude 39 00'00"N, Longitude 124 00'00"W. Thence to Latitude 40
00'00"N on the California coast.
Northern Boundary;
From Latitude 40 00'00"N on the California coast due east to Highway
1. South on Highway 1 to Highway 101. North on Highway 101 to highway
116. East on Highway 116 to Highway 121. East on highway 121 to the
intersection of Longitude 122 22'00"W and Highway 121.
Petaluma River - The Petaluma River as far north as the junction with San
Antonio Creek.
Napa River - As far north as Cutting Wharf Road.
Sacramento River - As far inland as the Highway 16 Bridge at Sacramento.
San Joaquin River - As far inland as the Marengo Road Bridge at Stockton.
IV-3 Original
-------
San Francisco Bay
Coast Guard Boundaries
IV-4
Original
-------
Sacramento-San Joaquin Delta - Coast Guard Responsibility within the
following boundaries: (See Chart)
Northern Boundary:
From the intersection of Longitude 122 22'00"W and Highway 121, east
along Highway 121 to Highway 29 (NAPA), south along Highway 29, to
Highway 12, east along Highway 12 to Highway 113, north along Highway
113 to Interstate 80, east along Interstate 80 to Interstate 880, east
along Interstate 880 to the intersection of Interstate 880 and
Interstate 5.
Eastern Boundary;
From the intersection of Interstate 880 and Interstate 5, south on
Interstate 5 to Highway 99, south along Highway 99 to Highway 4
(STOCKTON), west along Highway 4 to Interstate 5, south along
Interstate 5 to the intersection of Interstate 5 and interstate 205.
Southern Boundary;
From the intersection on Interstate 5 and Interstate 205, west on
Interstate 205 to the Southern Pacific right of way at Van Sosten Road
(TRACY), north along the Southern Pacific right of way through
Brentwood to Highway 4 (ANTIOCH), west along Highway 4 to San Pablo
Avenue (PINOLE), west along San Pablo Avenue to Atlas Road, west along
Atlas Road to the intersection of Atlas Road and Longitude 122 22'00"W
(POINT PINOLE).
Western Boundary;
From the intersection of Atlas Road and Longitude 122 22'00"W, north to
the intersection of Longitude 122 22'00"W and Highway 121.
Annex IV. 1402.3
"The fourteenth Coast Guard District furnishes the OSC for all oil discharges
and hazardous substance releases (except as delegated to EPA in the EPA/DOT 9
October 1981 Instrument of Redelegation) in Hawaii, American Samoa, Guam,
Trust Territory of the Pacific Islands, Commonwealth of the Northern Marianas
Islands, and all other Territories or possessions over which the United
States has jurisdiction."
IV-5 Original
-------
Sacramento - San Joaquin Delta
Coast Guard Boundaries
r -iw/GaTiH
l*UMMHM A '-J,-/<. S—*\_''V I
T-S^? /v fi^vrrJ
X I (
^L.' A. |
ml uon u». Y «ff*t»tt'OTT y «m
A ^iM -<
.. T-' I [
•- \ • \\SS. «-.!
, :SANTA IUIIA U" -iMAMS. VIS \\ j . .
** * • «fc ••n'^y *"^.^ ' -*\ \ , (B*^
IV-6
Original
-------
1403 Predesignated OSC Assignments
1403.1 Eleventh Coast Guard District
a. Commanding Officer, Marine
Safety Office Los Angeles/
Long Beach
b. Captain of the Port, San Diego
1403.2 Twelfth Coast Guard District
a. Commanding Officer, Marine
Safety Office San Francisco
b. Commanding Officer, Port Safety
Station Concord
c. Naval On-Scene Coordinator
Areas of Assigned Responsibility
Coastal areas of Los Angeles and Orange
Counties Latitude 34 02' 38"N to 33 23'
26"N
Leo Carrillo Beach to 1/2 mile NW of San
Mateo Pt.
Coastal areas of Santa Barbara and Ven-
tura Counties Latitude 34 58* 00"N to
34 02' 38"N
Santa Maria River to 1/2 mile west of
Wequit Pt. at Leo Carrillo State Beach
Coastal areas of San Diego County
Latitude 33 23' 26"N to 1/2 mile NW of
San Mateo Pt. to the Mexican Border.
San Mateo, Santa Clara, Alameda, Contra
Costa, San Joaquin, Sacramento, Solano,
Yolo and Napa Counties Latitude 40 00'
00"N to 34 58' 00"N
Pt. Del Gada to Pescadero Pt.
Coastal areas of Santa Cruz, Monterey
and San Luis Obispo Counties
Latitude 37 14' 00"N to 34 58' 00"N
Pescadero Pt. to the Santa Maria River
Coastal areas in the Sacramento, San
Joaquin Delta and Carquinez Strait area
east of Longitude 122 22' 00"W (except
when CO MSO San Francisco assumes OSC).
Spills from Naval vessels or facilities
in the San Francisco Bay area, and from
Naval vessels in offshore locations as
per CCGD12/COM12 Support Agreement
(except when Coast Guard assumes OSC).
1403*3 Fourteenth Coast Guard District
Commanding Officer, Marine
Safety Office Honolulu, Hawaii
State of Hawaii, Territory of American
Samoa, Territory of Guam, Commonwealth
of the Northern Marianas Islands, Trust
Territory of the Pacific Islands,
Johnston Atoll, Wake Island, Midway
Island, Howland Island, Baker Island,
Jarvis Island, Palmyra Island, Kingman Reef
IV-7
Original
-------
1403«3 Fourteenth Coast Guard District (con't)
Areas of Assigned Responsibility
Designated OSC Representative
1. CG Liaison Officer, American Territory of American Samoa
Samoa
2. Guam Environmental Protection Territory of Guam
Agency (agreement under development)
c. Designated DOD OSC's for DOD
discharges and releases:
1. Officer in Charge, NAF Midway Island Midway Island
2. Base Civil Engineer, Johnston Atoll Johnston Atoll
3. Commanding Officer, Detachment 4, Wake Island
15th Airbaae Wing
1403.4 EPA Region IX
a. Oil and Hazardous Materials Nevada, Arizona, and inland portions of
Coordinator and other OSC's California
predesignated by the Chief, (EPA Region IX OSC's and their support-
Emergency Response Section ing TAT resources are not assigned ape-
Toxic and Waste Management cific areas within the Inland Zone.
Division Assignment to specific incidents are
made on a rotational system, occasion-
ally modified by needs for specific
on-site skills)
1403.5 Minerals Management Service.
Areas of Assigned Responsibility
a. Ventura District Supervisor, for" spills within 500 meters of an off-
Mr. James Wright shore drilling platform over entire EPA
24-hr Commercial (805) 648-5131 Region IX area
FTS 960-6305-
1403.6 Additional OSC Predesignation
Respective District Commanders retain authority to designate On Scene Coor-
dinators in addition to those listed in Sections 1403.1 through 1403•3 after
considering personnel qualifications and the particular spill situation.
1403.7 Seaward Extension of Authority
OSC authority extends seaward as provided by the statute or authority being
administered. Authority of the OSC may be extended to the High Seas under
the Intervention on the High Seas Act PL 93-248. After the Secretary of the
Department in which the Coast Guard is operating makes a determination that a
vessel is in such a situation as to pose a grave and imminent danger to the
coastline or related interests of the United States.
IV-8 Original
-------
1404 Primary Agency Boundaries
Regional contingency plans are based on the Standard Federal Regions.
However, few of the participating agencies on the regional response teams use
the Standard Federal Region boundaries.
Contact points for representatives of the participating agencies are listed
in section 1201 of this Plan.
This section will outline important State agency district and regional
boundaries within the coastal states and territories of Standard Region IX.
IV-9 Original
-------
1404 State Agency Boundaries
1M01.1 STATE OF CALIFORNIA
OFFICE OF EMERGENCY PREPAREDNESS
GEOGRAPHIC REGIONS
by Comty
ReBlcn 1 - LA, Orange, Ventura, Santa Barbara, San Luis Cblspo
- Alacerti, Contra Costa, 2*1 Horte. Hintoldt, La
I'arln. tendoclno, Ken'-erey. Nan. ?» Senlto,
San Francisco; San fet.co, Santa Clara, *v.r-a
Sslaro, Scncra
Region 3 - Slskyou, Modoc, Ussen, Shasta Trinity, Tehara,
Pluias. Eutte, Glenn, Colusa, Sutter, Y^a, Sierra
Region 1 - Havada, Flacer, Eldorado, Sacrarento. Yolo, Araior,
Alpine Calax-eras, Tuoltme Stanlslfirs, San Jcac,uln,
Rt i 5 - Merced, >farlposa, r'adera, Fresno, MJICS, Tulare,
Region 6 - tow. Inyo, San Bemadlno, Jttveralde, San Dlesp,
IV-10
Original
-------
1404.2 Department of Fish and Game
CUBJKA
YOUNTVILLE
MF.NLO PARK
•CENTRAL OFFICE
Sacramento
£416 9th-street -
(916) 445-3531
•REGIONAL OFFICES
Region I Redding
627 Cypress Street
(916) 246-6511
Region II Sacramento
1001 Jcdsmith Drive
(916) 445-2064
Region III Yountville
Yountville Vettrans Facility
(707) 944-2443
Region IV Fresno
1234 E. Show Ave.
(209) 222-3761
Region V Long Beach
3SO Golden Shore
(213) 390-5177
MARINE RESOURCE REGION
Long Beach
350 Golden Shore
(213) .590-5177
^ BRANCH OFFICES
Eureka
619 Second Street"
(707) 443-6771
Menlo Park
411 Burgess Drive
(415) 326-0324
Monterey
2201 Garden Road
(408) 649-2370
San Diego
1350 Front Street
(714) 631-7311
Bishop
407 W. Line Street
(714) 372-2791
I RESEARCH FACILITIES-LABORATORIES
(Marine) Eurelta, Menlo Park.,
Monterey and Granite Canyon
X (Pollution Cor.crol) Fish and
Wildlife, idjacent to Nimbus
Hatchery
Sancho Cordova
2001 Nimbus
(915) 355-0856
IV.11
Original
-------
1404.3 Regional Water Quality Boards
OREGON
Sarea Co*»c X*|laa (I)
1300 Caatflnicova Ctatir
Saaca »o*a, CA 91*01
I'iJ) J45-24JO
$4* 7ria«t*eo 1*7 l*«laa (2)
UU Jaekioa Jcrt4t. looa »
-------
California Department of Parks & Recreation Districts
TV HARKS AND IU.:RIATIOM
OISTK1CT OFT I CM
DEPARTMENT OF
PARKS AND RECREATION
DISTRICTS
iP'urlct
Addc««« and Phon« Kw«b«r
3431 fort Av«.
Eureka, Ok »M01
ATS1 No. S38-234J
Public Mo. 707-443-456*
1621 Cl.v.l^id Xv«.
S»nt« do**, CA 9S403
ATSS He. 5*7-0760
Public MO. 707-54J-7MO
Stockton. CA 96304
ATSS Ho. 441-3161
Public No. 209-466-SS9I
2211 C«rd«n Ro»4
Mont«r«y, CA 93940
ATSS No. 167-O170
Public NO. 408-375-ilJJ
111 U« Patera Lan«
Co!«t«, CA 93017
ATSS No. Non«
Public NO. 805-967-5494
1350 Prone St>«t,- Roo« 60S4
S«n 01.90, CA 93101
ATSS No. «31->36«
Public Ho. 714-232-4361. Cat. 364
IV-13
Original
-------
ANNEX V
1500 NOTIFICATION. COMMUNICATIONS. REPORTS
1501 Notification of Discharges
1501.1 Federal Notification
To facilitate the reporting of discharges of oil and releases or potential
releases of hazardous substances into the navigable waters of the U.S. a
single report should be made to the following offices:
1. Mainland and State of Hawaii Discharge Reports
Duty Officer
National Response Center
United States Coast Guard
400 7th Street
Washington, D.C.
Telephone (toll free): 800-434-8802 (within Continental U.S. and State
of Hawaii.)
2. Oceania Discharge Reports (outside State of Hawaii)
Duty Officer
USCG Marine Safety Office
433 Ala Moana Blvd
Honolulu, HI 96813
Telephone: (808) 546-7146
If this reporting procedure is impractical, the report may be made to one of
the following:
1501.1.1 State of Arizona;
Counties Agencies Telephone
All counties EPA, San Francisco, CA 415-974-8131
FTS 454-8131
All counties (Alternate) USCG, 213-590-2315
LA/Long Beach, CA FTS-984-9315
1501.1.2 State of California;
Counties Agencies Telephone
Del Norte and Humboldt
Mendocino, Sonoma, Marin USCG MSO, San Francisco, CA (415) 273-7405 COMM
San Francisco, San Mateo 536-7405 FTS
Santa Clara, Alameda,
Contra Costa, San Joaquin,
Sacramento, Solano,
Yolo and Napa
Santa Cruz. Monterey,
and San Luis Obispo
V-l Original
-------
1501.1.2 State of California (cont'd)
Counties
Santa Barbara, Ventura,
Los Angeles and Orange
San Diego
All other counties
Agencies
USCG MSO, Los Angeles/
Long Beach, CA
USCG MSO
San Diego, CA
EPA, San Francisco, CA
Telephone
213-590-2315
984-9315 FTS
714-293-5860 COM
895-5860 FTS
415-974-8131 COM
454-8131 FTS
The alternate telephone number for Eureka, Monterey or San Francisco is San
Francisco Coast Guard Rescue Coordination Center 415-556-5500. The alternate
telephone number for Santa Barbara and Ventura Counties is USCG Station
Channel Islands 805-985-9822.
1501.1.3 State of Nevada:
Counties
All counties
Clark County
All other counties
1501.1.4 State of Hawaii;
1501.1.5 Guam/TTPI/CNMI:
Agencies
EPA, San Francisco, CA
USCG, MSO LA/Long Beach,
CA (Alternate)
USCG, MSO
San Francisco, CA
Agency
USCG MSO, Honolulu, HI
USCG Marianas Section
Agana, Guam
Alternate:
USCG Rescue Sub-Center
Guam
Telephone
415-974-8131 COMM
454-8131 FTS
213-590-2315
FTS 984-9215 •
415-433-5397
FTS 556-1698
Telephone
808-546-7146
Commercial and FTS
Telephone
671-339-8181
Comm and AUTOVON
671-339-6100
Comm and AUTOVON
V-2
Original
-------
1501*1.6 American Samoa;
Agency
USCG Liaison Officer
Pago Pago, American Samoa
Telephone
684-633-4116
1501.2 State Notification
Reports of discharges received by the EPA or USCG will be provided by message and
telephone as soon as possible to the State agency that provides the State Agency
Coordinator (SAC). It is the responsibility of that agency to notify other State
agencies as outlined in each State's contingency plan.
1501.2.1 State of Arizona
Arizona Department Public Safety
Duty Officer
24-hour phone
1501.2.2 State of California
Office of Emergency Services
(24-hour toll free number)
1501.2.3 State of Nevada
Nevada Civil Defense and Disaster Assistance Agency
24-hour number (Highway Patrol)
(1) Robert Andrews Office Telephone
Home Telephone
(2) Don Dehne Office Telephone
Home Telephone
(602) 262-8212
(602) 262-8209
800-852-7550
702-885-5300
702-885-4240
FTS 450-4334
702-882-6194
702-885-4240
FTS 450-4240
702-882-8965
V-3
Original
-------
1501.2.U State of Hawaii
Hawaii Civil Defense Division 24 Hr 803-734-2161
State Department of Defense
1501*2.5 Territory of Guam
Port Authority of Guam 671-477-8752
1502 Reporting
1502.1 Water Pollution Situation Reports (POLREPS)
1502.1.1 OSC POLREPS to RRC
Initial OSC notification to the RRC may be by telephone followed by a teletype
message. Initial assessment and all subsequent information will be forwarded
expeditiously in pollution report format outlined in Local Contingency Plans.
POLREPS will be submitted in a timely manner as developments occur and as plans
for the next day's activities are formulated.
1502.1.2 RRC POLREPS to the RRT and NRC
The RRC will expedite notification to the RRT and NRC by telephone or teletype
POLREP message as the situation dictates for medium and major spills, and for
spills involving high public interest. POLREPS will be sent to the NRC in a
timely manner.
1502.1.2.1. RRC POLREP Notification Responsibilities
1502.1.2.1.1 National
Utilize message address indicator group AIG 8909- Distribution under AIG 8909
is as follows:
Action - Commandant, U. S. Coast Guard
Info COMLANTAREA COGARD Governors Island, NY
COMPACAREA COGARD San Francisco, CA
Department of Defense (DOD)
Environmental Protection Agency (EPA) Washington, DC
Department of Interior (DOI), Washington, X
Army Corps of Engineers, Washington, DC
Chief of Naval Operations (CNO)
NOAA OMPA HAZMAT, Seattle, WA
COGARD NSG Atlantic Elizabeth City, NC
COGARD NSF Gulf Bay St. Louis, MO
COGARD NSF Pacific San Francisco, CA
Federal Emergency Management Administration (FEMA) Washington, DC
Federal Preparedness Agency, Washington, DC
1502.1.2.2 Regional
No AIG distribution has been established. POLREPS will be addressed to
regional offices providing primary and advisory RRT members and to other
agencies interested or involved with the incident as appropriate.
V-4 Original
-------
1502.1.3 Coast Guard POLREP Format
FROM (appropriate Coast Guard District RRT)
ACTION Commandant, U.S. Coast Guard
INFO AIG eight nine zero nine (see section 1502.1.1.11 National)
Regional addressess (see section 1502.1.2.2 Regional)
COGARD National Response Center, Washington, DC
BT
UNCLASS (subject classification numbers)
POLREP (sequential number)(description/title)(medium/major)
1. SITUATION: (give full details of the spill or sighting)
2. ACTION: (summarize all action taken by the party responsible for the
spill, by state and local forces, and by the Coast Guard and their Federal
agencies)
3. PLANS AND RECOMMENDATIONS: (include all planned action by the party
responsible for the spill, by the State and local forces, and by the Coast
Guard and other Federal agencies. Include any recommendations as to future
Coast Guard involvement related to the need for RRT or NRT assistance in
containment of the spill or assistance in cleanup)
4. STATUS: (indicate case closed, case pends or Federal participation
terminated, as appropriate)
BT
1502.2 OSC Report
1502.2.1 General
The OSC Report is a document which outlines the specific details surrounding
the pollution incident, and cleanup efforts. Its purpose is to distribute the
knowledge and experience gained by the OSC during the course of the incident,
to highlight any problem areas and/or solutions for the problems encountered
for the benefit of all. The NRT and RRT will review all OSC Reports.
1502.2.2 Responsbility
It is the responsibility of the OSC to submit the report within 60 days after
the completion of cleanup activities. Content of the report is outlined in
Section 300.56 of the NCP. A report will be submitted for each major oil
discharge, or hazardous substance release and each medium discharge or release
involving unique problems or solutions. A report will also be required for any
discharge or release when requested by the RRT. The RRC staff will ensure
transmission of the OSC Report to the NRT and appropriate members of the RRT.
V-5 Original
-------
1502.3 Peacetime Disaster Warnings
If the properties of the hazardous substance spilled, pose an immediate threat
to human life and property, through toxic gases, explosive or flammable hazard,
dissemination of peacetime disaster warnings will be made to local governments
of the threatened areas with the utmost speed. The OSC will make every
reasonable attempt to accomplish direct communication with appropriate
authorities.
The OSC of a coastal area will forward all information available on the
situation to the appropriate RRC. The RRC will forward the information to
Coast Guard radio facilities or the Marine Exchange for further broadcast.
Federal military facilities will be included in OSC and RRC warnings.
Local Contingency Plans shall include appropriate telephone numbers to
accomplish the warning dissemination.
1503 Communications
1503«1 General
Timely and efficient dissemination of information to all interested parties is
paramount to the successful coordination of operations undertaken in response
to the reported oil discharged or hazardous substances released.
1503*2 Communications Facilities
Normal communications circuits and facilities of participating agencies will be
used by these agencies for internal communication. Communications between
agencies may be accomplished on compatible interagency circuits or through the
RRC.
1503-3 Coast Guard Radio Communications (Pacific Area)
Pacific area long range radio communications are handled primarily by
communication stations at Honolulu, Kodiak and San Francisco. Primary methods
of communications include radio teletype, radio telegraph and radio telephone.
Other Coast Guard radio stations are available to handle medium and short range
communications within their respective areas of coverage. Coast Guard
communications systems will be the primary system utilized by the OSC and RRC.
1503• ** Use of Pacific Area Transportable Communications Centrals (TCC)
A TCC is a self-contained self-supporting air and surface portable
communications center. Commander, U.S. Coast Guard Pacific Area, controls
deployment of assigned TCC's (AN/TRC 168) within the Pacific Area.
TCC's are equipped with two vehicles and staged at Coast Guard Air Station San
Francisco. At least one TCC is on 6 hour standby for deployment when directed.
Requests for use of a TCC will be to the Commander, Pacific Area.
V-6 Original
-------
1503.5 Use of Channel 81. 157.075 (MHZ)
Channel 81 is established for use by mobile stations, including portables, for
communications required to coordinate marine environmental protection
operations, principal of which are oil discharge removal operations. Channel
81 will be under the control of the Coast Guard in those areas where it
pre-designates On-Scene Coordinators.
Channel 81 will be used for interface communications among government agencies
and non-government entities involved in discharge removal operations in support
of the plans. Use by non-government entities will be on Coast Guard owned
equipment and should be limited to supervisory personnel. Equipment loaned for
this purpose would be operated as Coast Guard stations not licensed by the
Federal Communications Commission.
Channel 81 may be used for other maritime mobile operations. Plans for the use
of Channel 81 should consider the lower priority of maritime mobile
communication requirements and the.fact that routine use of Channel 81 shall be
pre-empted for oil discharge removal operations whenever necessary.
V-7 Original
-------
ANNEX VI
1600 PUBLIC INFORMATION
1601 General
A major oil or significant hazardous substance spill or pollution incident
can generate wide spread public interest and concern. It is imperative to give
the public prompt, accurate information on the nature of the incident and
actions underway or to be taken to mitigate any damage.
1602 Regional News Office
In the case of spills in an area of Coast Guard responsibility, Coast
Guard District Public Affairs Officers are designated Regional News Offices
(RNO). District Public Information Offices (PIO) will coordinate activities
and act as the director of the Regional News Office. In the case of spills in
an area of EPA responsibility, a central information office will be established
at the Regional Response Center, located at the EPA Region IX office, 215
Fremont Street, San Francisco, CA 94105. In addition there may be a field
office located with the On-Scene Coordinator (OSC) at or near the actual scene
of the spill. The location and circumstances of the spill will dictate whether
the bulk of public information activities will take place from the Regional
News Office or from the field office.
1603 Interim Public Information
In the period following a spill and before the Regional News Office (RNO)
and/or a field office is established the OSC will handle local public
information activities based on the concepts in this plan.
1604 Public Information Procedures
The RNO will maintain close liaison with the OSC. The RNO will insure
timely news is released as the situation develops (roughly parallel to OSC
POLREP preparation), and in accordance with the National Plan.
All releases concerning policy matters must be cleared through the OSC and
Chairman of the RRT.
The RNO Director will coordinate releases with the National News Director,
and maintain appropriate liaison with industry and public relations personnel
from other concerned organizations. All participating agencies are encouraged
and requested to provide input to the news releases to enable a coordinated
release of properly credited information.
VI-1 Original
-------
1604 Public Information Procedures (con't)
To avoid releasing opinion, incomplete or inaccurate information, on-scene
forces will be directed to advise the press that all inquiries should be made
to the OSC, the RNO, or to the spiller's representative. Comments to the press
on scene will be made by the OSC or the RNO Director.
All information from government agencies concerning response to a spill
should be released through the RNO.
All requests for press conferences, whether initiated by the news media,
the OSC, or the RRT will be coordinated by the RNO.
At times it will be necessary for the Regional News Office and/or field
office to operate in shifts or watches. The RNO will organize these watches
and will designate a person to be in charge of each such public information
watch.
1605 Procedures for Prominent Individuals
The RNO will make all arrangements to accomodate VIP's including
over-flights, briefings, media notifications, and press briefings. These
arrangements will be coordinated with the OSC. If operational commitments of
the OSC preclude utilization of on-scene forces from the RRT. All
participating agencies are expected and encouraged to provide sufficient notice
of VIP itinerary to the RNO via the RRC.
1606 Special Public Information Procedures for Pollution Spill
1606.1 Correspondence
After the crisis has subsided, a model letter reporting on the situation
will be drafted by the RNO. After the model letter has been approved by the
Chairman of the NRT or the RRT, copies will be sent to the primary agencies for
their guidance in responding to mail inquiries.
VI-2 Original
-------
ANNEX VII
1700 LEGAL AUTHORITIES
1701 Federal Laws and Treaties
Federal statutes, regulations and administrative orders relative to pollution
control are administered by various Federal departments and agencies. The
following is a tabular summary of the most important of these authorities:
1701.1 STATUTE AND AGENCY(IES)
Comprehensive Environmental Response, Compensation, and Liability Act, (42 USC
96701): EPA, FEMA, USCG, DOI, DOL, DHHS, and others.
Federal Water Pollution Control Act, as amended (33 USC 1251, et. seq.): EPA,
USCG, eefiW, Justice.
Safe Drinking Water Act amendment to the Public Health Service Act (42 USC
201): EPA.
Refuse Act of 1899 (33 USC 407;411): SfcftfS, USCG, Customs, Justice.
Toxic Substance Control Act, 1976 (42 USC 2601): EPA.
Resource Conservation and Recovery Act of 1976 (42 USC 6901): EPA.
Marine Protection, Research and Sanctuaries Act of 1976 (33 USC 1401, et.
seq.): EPA, USCG, NOAA, CORPS.
/
Hazardous Materials Transportation Act of 1974 (49 USC 1801, et. seq.): EPA.
Ports and Waterways Safety Act, as amended (33 USC 1221 et. seq.): USCG
Federal Insecticide, Fungicide and Rodenticide Act of 1972 (7 USC 121 et.
seq.): EPA.
Deepwater Port Act of 1974 (33 USC 1501 et. seq.): DOT, DOI.
Outer Continental Shelf Lands Act, as amended (43 USC 1331): DOI, DOT.
Oil Pollution Act of 1961, as amended (33 USC 1001-1001.5): USCG, Customs,
COWS, State.
Endangered Species Act of 1973, as amended (16 USC 1531): FWS, NOAA.
Intervention on the High Seas Act (33 USC 1471-1487): USCG
Related federal statutes, not specific to oil and hazardous materials control;
but, nonetheless, applicable to release prevention and cleanup in certain cases
are:
Disaster Relief Act of 1974: FEMA, all federal agencies.
U.S. Navy Ship Salvage Authority: U.S. Navy.
The Migratory Bird Treaty Act (16 USC 701-718): FWS
V1I-1 Original
-------
1702 State (Territory) Oil Pollution Control Statutes
State and Territory oil pollution control statutes are summarized in the
following table.
1702.1 California
Statute
Operating
Agencies
Involved
Prohibited Act
or
Authorization
Territorial
Application
Porter
Cologne Agency
Water Qual- RWQCB
ity Control
Resources 1. Establishes waste dis- CA
charge requirements for
industry.
2. Authorizes State to
implement programs of
the FWPCA of 1972
(NPDES).
3. Establishes State
water pollution clean-
up and abatement fund.
4. Prohibits dishcharge
of oil or waste into
State waters in viola-
tion of permit.
5« Provides for liquid
waste haulers licensing.
6. Provides for approv-
al of liquid waste dump
sites.
CA Penal CHP Agencies may close
Code Sec. Police areas during emergency
409«5 Sheriffs including areas around
command post activated
for the purpose of
abating emergency.
CA
Sanction
1. RWQCB's
may issue
cease and
desist orders.
2. $6000 civil
penalty per day
of violation.
3. $2500 -
$25000 civil
penalty per day
of discharge
willful or neg-
ligent .
Excepted
Discharges/
Remarks
Misdemeanor
($1000 fine
and/or 1 year news
imprisonment).
CA State
Plan Excepts
media
VII-2
Original
-------
1702.1 California (cont'd)
Statute
CA Govt
Code Sec.
8574.1
Harbors and
Navigation
Code Sec.
CA F&G Code
Sec. 1003
CA Admin-
istrative
Code, Title
14, Sec. 250
Operating Prohibited Act
Agencies or Territorial
Involved Authorization Application
Governor's 1. Authority to esta- CA
Office blish oil spill con-
tingency plan conferred
to Governor.
2. Authorizes use of
volunteer workers and
places them under State
Workmen's Compensation.
3. Provides for oil
spill contingency plans
by companies handling oil.
1. Prohibits discharge CA
of oil.
2. Establishes liabil-
ity for cleanup.
CA F&G 1. Discharge of pollu- CA
tants deleterious to
fish and aquatic life.
1. Authorities AC & FG CA
as agency to investi-
gate diseases of & pro-
blems relating to birds/
mammals/fish of CA.
2. Authorizes establish-
ment of laboratories to
assist in investigation. •
CA F&G 1. Provides for con- CA
finement of injured or
diseased animals for
treatment.
Sanction
Misdemeanor
($1000 fine
and/or 1 year
Excepted
Discharges/
Remarks
1. $6000
civil penalty
per spill.
2. All actual
and reasonable
cleanup costs.
1. Establishes
pollution as a
misdemeanor.
($1000 fined
and or 1 year
imprisonment).
Permittance
Authority
Permittance
Authority
VII-3
Original
-------
Government State Reguires approved oil Any area of Misdemeanor
Code Sec. Operating spill contingency the Pacific
8574.5 Authority plans prior to offshore Ocean off the
lightering. coast of Calif-
ornia including
bays & estuar-
ies
Additional
plans are
not requi
for inlanc
water areas
covered t N;
contingency
plans of cer-
tain Pacific
Basin petro-
leum industry
cooperatives.
1702.2 Hawaii
Statute
Hawaii
Environmen-
al Quality,
CH 342 Re-
vised & CH
27 Health
Regs.
1702.3 Guam
Statute
Operating
Agencies
Involved
HI State
Health
Dept.
Operating
Agencies
Involved
Prohibited Act
or
Authorization
Territorial
Application
Sanctions
Limits and controls
pollution as it affects
public health
HI
Excepted
Discharges/
Remarks ~"
Permitting
Authority
Prohibited Act
or
Authorization
Environmen- Guam EPA Monitor, control and
tal Protec- regulate pollution
tion Act • of all kinds
1702.4 American Samoa
Statute
T 20-1412
Harbors
Dept.
Operating Prohibited Act
Agencies or
Involved Authorization
Harbors
Dept.
T 21-CH 15 Health
Health Dept. Dept.
Monitor, control &
regulate industrial
waste.
Monitor, control &
regulate Industrial
waste
Territorial
Application
Territory of
Guam
Santions
Territorial
Application
American
Samoa
American
Samoa
Sanction
Misdemeanor
$1000 fine
1 month Im-
prisonment and/
or $100 fine
Excepted
Discharges/
Remarks
Permitting
Authority
Excepted
Discharges/
Remarks
VII-4
Original
-------
1702.5 Trust Territory of Pacific Islands
Statute
Statute
Code of
TTPI
Operating
Agencies
Involved
Public
Health
Pollution
Board
Prohibited Act
or
Authorization
Monitor, control and
regulate pollution of
all kinds
Territorial
Application
TTPI
Environmen- TTPI En- Monitor, control and
tal Quality vironmen- regulate pollution of
Protection tal Pro- all kinds
Act tection
Board
TTPI
Sanction
$1000 per day
$1000 per day
Excepted
Discharges/
Remarks
VII-5
Original
-------
ANNEX VIII
1800 DOCUMENTATION FOR ENFORCEMENT AND COST RECOVERY
1800 General
1801.1 The On Scene Coordinator (OSC) is responsible for proper
documentation of a Federal response activity. Collectively, investigation,
documentation and enforcement procedures include all actions taken by the OSC,
RRT, and Federal or State staff components to record the events of the spill
situation and to ensure adequate documentation for FWPCA prosecution and
cleanup cost recovery.
1801.2 Proper documentation for costs incurred as a result of Federal
response to a pollution incident is of extreme importance for two primary
reasons. First, costs must be sufficiently documented to allow for subsequent
recovery from the responsbile parties. Frequently, this involves legal
proceedings and cost documentation must, in all cases, be sufficient to
withstand scrutiny of the court. Second, costs must be documented to permit
recovery from the Oil Pollution Fund for out-of-pocket expenses incurred by
Coast Guard or other government agency units involved in a pollution response.
1802 Violations and Penalties Under Section 311 FWPCA
1802.1 Section 3H(b)(3) of the Act prohibits the discharge of harmful
quantities of oil into or upon the waters of the United States (to 3 miles),
the adjoining shorelines, into or upon the waters of the contiguous zone (3-12
miles), 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, appertaining to, or under the exclusive management authority of
the United States. A harmful quantity is defined in 40 CFR 110 as that amount
which will cause a film or sheen on, or sludge or emulsion in or under the
water. The only exception is the minor amount of oil discharged from the
exhaust of a "properly functioning" marine engine.
The Act provides for a civil penalty of up to $5000 against the owner/operator
or person in charge of the source of the discharge.
1802.2 Section 311(b)(5? of the Act mandates that, as soon as the
"person-in-charge" of the vessel or facility has "knowledge" of a discharge, he
should report the discharge to the U.S. Coast Guard or to the Environmental
Protection Agency. The Coast Guard National Response Center is prepared to
receive such calls.
The Act provides for a criminal penalty of up to $10,000 fine, imprisonment for
one year or both, for failure to notify.
1802.3 Section 3H(j) of the Act provides for the creation of regulations
(a) establishing methods and procedures for removal of discharged oil and
hazardous substances (33 CFR 153)> and (b) establishing procedures, methods and
equipment and other requirements for equipment to prevent discharges and to
contain discharges (33 CFR 154, 155, 156).
VIII-1 Original
-------
1802.3 (cont'd)
The Act provides for a civil penalty of up to $5000 for violation of liability
or pollution prevention regulations.
1802.4 Section 311(f)(D establishes that, "except where the spiller can
prove that the discharge was caused solely by (A) an act of God, (B) an act of
war, (C) negligence on the part of the U.S. Government, or (D) act of a third
party," financial liability to the U.S. Government will be in an amount not to
exceed in the case of an inland oil barge $125 per gross ton or $125,000
whichever is greater and in an amount not to exceed $5,000,000 for an onshore
or offshore facility, for oil spill cleanup. Cleanup liability is unlimited if
the discharge is proven to result from willful negligence or willful misconduct
within the privy and knowledge of the owner. Further, vessels must carry a
Certificate of Financial Responsiblity to cover their potential liability.
Such cleanup costs constitute a maritime lien collectible in an action in rem
against the vessel in a U.S. District Court.
1803 Investigations to Substantiate Violations of Section 311 of the FWPCA
1803«1 Investigation and documentation of evidence must be performed in a
timely manner throughout the oil or hazardous substance spill event, as winds,
tide, and current will disperse and remove evidence. Further, eyewitnesses to
the incident may no longer be available if not interviewed in a timely manner.
As several agencies may be on scene and documenting the incident for violations
of other laws and codes, cross exchange of evidence may be valuable and is
encouraged. General procedures for evidence gathering are outlined in OSC area
contingency plans, however, elements of the violations are summarized below.
1803.2 The elements which must be established to support a violation of
Section 3H(b)(3) are as follows:
1. Establish that an oil or hazardous substance was discharged.
2. Establish that a harmful quantity was discharged (for oil: verify that
a film or sheen was created on or a sludge or emulsion was deposited in the
waters; for a hazardous substance: that a reportable quantity was discharged
within a 24 hour period).
3> Establish that the discharge entered into or upon the waters of the
U.S. or upon the adjoining shorelines or into or upon the waters of the
contiguous zone.
4. Establish the source of the discharge, (particular attention must be
paid to establishing the "link" between the discharge and the source).
5. Establish the identity of the owner or operator or person in charge of
that source.
1803»3 The elements which must be established to support a violation of
Section 311(b)(6) are as follows:
1. Establish a violation of Section 3U(b)('3) of the Act.
2. Establish the time that the incident occurred.
3. Establish the identity of the person in charge of the vessel or
facility at that time.
VIII-2 Original
-------
1803.3 (cont'd)
4. Establish the time the person in charge had knowledge of the discharge.
5. Establish any reporting procedures taken by the person in charge.
6. If the incident was reported by a person other than the person in
charge, identify the relationship to the person in charge.
1803.4 Elements to establish a violation of the Pollution Prevention, or
Liability Regulations are varied. The investigator must be familar with the
regulations and their interpretation. The regulations specify the type of
equipment that must be available, testing procedures, operations manuals,
transfer procedures, and objectives and priorities for cleanup techniques.
Generally, violations of these regulations do not involve the multi-element
determinations that section (b)(3) and (b)(^ require. Documentation of these
violations should include enough background to indicate that a violation of a
particular regulation did occur, and should indicate the severity of the
violations.
1804 Documentation of Cleanup Costs o* k o<\W
1804.1 Backgroun
Cleanup costs are always documented when the OSC is in the "Federal cleanup
role" to f in nil 1m tin pnrmnnti nff pnrtlnlpnf 1np agin-i-i,?? fr-m Mi P'1! i1' I ' '
Ro¥»lving Fund and to enable the U.S. Attorney to substantiate a liability
claim against the discharger in court as provided in section 311(f)(l) of the
Act. Further, if the discharger is known, he must be provided with legal
notification of his liability for cleanup under the Act. If the cleanup is
proceeding in an inadequate manner , the spiller must be advised to increase his
efforts, or the cleanup will be taken over by the Federal government.
1804.2 Legal Notice to Suspected Discharger
If an alleged spiller can be identified, and cleanup is required, the OSC must
immediately notify the owner/ opera tor or appropriate responsible person, in
writing of Federal interest regarding his liability of cleanup, and other
aspects of Section 311 FWPCA as appropriate and as required by Annex VII of the
NCP.
1804.3 _ Legal Notice of Improper Action
If the alleged spiller fails to initiate cleanup action, or initiates improper
or inadequate cleanup action, the OSC must advise the spiller in writing that
his actions are considered inadequate and that he is liable for cleanup costs
incurred in the event of a Federal cleanup.
1804.4 _ Documentation Procedures
Cleanup funding is discussed in section 1900 of this plan. It is noted again
that the Fund may only be utilized when:
1. The elements of section 1803.2 of this plan are satisfied and
2. The source of the discharge is unknown
3. The spill occurred from a civilian vessel or facility and the
owner/operator after legal notification refused cleanup, and
VIII-3 Original
-------
1804.4 (cont'd)
4. The OSC must directly request or order services or equipment and effect
a purchase contract (verbal or otherwise) before services can be paid from the
Revolving Fund.
Accounting procedures for administration of the Fund are outlined in 33 CFR 153
and the Coast Guard Comptrollers Manual. Detailed documentation procedures are
outlined in Coast Guard District OPLANs 1-FY; Annex Q and in Local Area
Contingency plans.
The OSC is required to keep detailed records of men and equipment (Federal and
non-Federal) utilized in the cleanup. Participants must submit invoices to the
OSC for certification prior to being paid. Federal agencies submit claims for
"Direct" costs on Form SF 1080. Federal agencies are also to submit
documentation on "Indirect" costs. State agencies will submit "Direct" costs
on the State equivalant to Form SF 1080. Private contractors will use normal
invoice procedures.
The OSC must reconcile all invoices with the purchase orders and with completed
records of performance/receipt. The OSC the&ft makes a certification on the
original invoice. This statement certifies that the actions for which
reimbursement is being requested were authorized as Phase III or IV removal
costs, and that they are reasonable, and proper for payment from the Fund.
Documentation of resources expended must be made by all parties to carry out
the provisions outlined above.
1805 Enforcement Procedures
1805.1 Civil Penalty Hearings
Violations of Section 311(b)(3) (discharge) and 311(j) (pollution prevention
and liability regulations) carry civil penalties of up to $5,000 per offense.
Documentation of these violations is developed by the OSC and sent to the
Marine Environmental Protection (mepps) office in the District where the
violation occurred.- The violation is then checked for legal sufficiency, and
the violator is given an opportunity for an informal hearing on the matter. A
designated Hearing Officer will conduct the informal hearing and assess an
appropriate penalty. The amount of the penalty is based on the size of the
business of the owner/operator, the ability of the owner/operator to remain in
business and the gravity of the violation. The spiller may appeal the Hearing
Officer's decision to the Commandant.
1805.2 Criminal Penalty Procedures
Violation of Section 311(b)(O of the Act (failure to notify) carries a
criminal penalty of $10,000 Tine, one year imprisonment or both. Documentation
of this violation is developed by the OSC and sent to the District (mepps)
office. The violation documentation must provide evidence "beyond a
reasonable doubt" rather than the less stringent "preponderance" of evidence
required for the civil penalty hearings.
Violations are processed and referred to the U.S. Attorney for action as he
deems appropriate.
VIII-4 Original
-------
1805.3 Collection of Cleanup Costa
Collection of cleanup costs is accomplished under the Collection of Claims
Act. OSC cost records and invoices are transferred to District Finance for
assembly and payment of direct costs to participating agencies and companies.
If the spiller is known, a total claim including direct and indirect costs is
prepared for collection by the Coast Guard District Legal Officer and/or the
U. S. Attorney.
VIII-5 Original
-------
ANNEX IX
1900 FUNDING
1901 Purpose
1901.1 The primary thrust of this plan is to encourage the person
responsible for a discharge to take appropriate remedial actions promptly.
Usually this will mean that the cost of removal of the discharge shall be borne
by the person responsible for the discharge. The OSC and other officials
associated with the handling of a pollution emergency shall make a substantial
effort to have the discharger voluntarily accept this responsibility.
1901.2 In the event that the person responsible for the discharge or threat
of discharge does not act promptly, does not take or propose to take
appropriate actions to remove the discharged pollutants, or if the person
responsible for the discharge is unknown, Federal discharge removal actions may
be initiated pursuant to section 311(c)(l) of the Act. The discharger if
known, is liable for the costs of such Federal removal actions in accordance
with section 311(f) of the Act.
1902 Background and References
1902.1 Section 1900 of the NCP outlines the types of funds which may be
available to clean up certain oil and hazardous substance spills, and the
agency responsible for administering those funds.
1902.2 33 CFR 153 outlines the specific use of the National Pollution
Revolving Fund (The Fund) established by Section 311(k) of the FWPCA.
1902.3 Detailed guidance for use of the Fund within a specific Coast Guard
District may be obtained from Annex Q to the District Operation Plan 1-FY, the
Coast Guard Comptrollers Manual and Local Area Contingency plans.
1903 Pollution Fund
1903.1 A Pollution Fund, administered by the Commandant, USCG has been
established pursuant to subsection (k) of Section 311 of the Act. Regulations
governing the adminsitration and use of the Fund are contained in 33 CFR 153,
and applicable Coast Guard directives. Access to the Fund is gained only by
the Federal predesignated OSC through the Chief, Marine Environmental
Protection Branch of the appropriate Coast Guard District. Normally any
activities prior to obtaining approval from the predesignated OSC shall be at
the expense of the agency ordering them.
1903.2 The OSC must determine that the following situation exists to meet
the criteria for access to the Fund.
1. That oil or a hazardous substance has been discharged into or upon the
waters of the United States or adjoining shoreline; and
IX-1 Original
-------
1903.2 (cont'd)
2. That the OSC has given the discharger legal notification of improper or
inadequate cleanup action and the discharger has failed to voluntarily conduct
adequate cleanup action; or
3. The identity of the discharger is unknown.
1903.3 The OSC shall exert adequate control of removal operations so that
he can certify that reimbursement from the Fund is appropriate. Care must be
exercised to insure that misunderstandings do not develop about reimbusrement
of funds expended for removal activities. The OSC should not knowingly request
services for which reimbursement is mandatory unless reimbursement funds are
known to be available. Similarly, the agency supplying a reimbursable service
should determine the source of reimbursement before committing resources
necessitating reimbursement.
1903.1* Funding of response actions not associated with any removal
activity, such as scientific investigations, law enforcement or public
relations, is the responsibility of the agency having statutory or executive
responsibility for those specific actions. Surveys of whether pollution
cleanup or abatement is appropriate can be charged to the Fund.
1904 Procedure for Activating the Fund
The OSC for oil and hazardous substance spills will provide the Commander,
llth, 12th, or 14th Coast Guard District, with the following information in
writing (after initial telephone contact):
1. Statement that the OSC has determined that Federal discharge removal
actions are necessary;
2. Description and location of the discharge;
3. Date spill occurred and type of pollutant;
4. Estimated cost of removal actions reimbursable from the Fund. The
estimate should include costs of all Phase III and IV activities;
5. Estimated time needed for removal;
6. Name of discharger or suspected discharger, if known.
IX-2 Original
-------
1905 Reporting and Accounting Requirements
1. As soon as practicable after termination of Phase IV actions, the
On-Scene Coordinator will submit to the appropriate District Commander a list
that includes:
a. Names of agencies and contractors authorized by the On-Scene
Coordinator to participate in Phase III or IV actions;
b. a general description of the functions each agency performed; and
c. an estimate of the cost of each function performed.
2. Within 60 days after termination of Phase IV actions, each Federal
agency must submit to the appropriate District Commander:
a. An itemized list of costs that it desires to be paid from the Fund
(billing action under Section 1904.7 of this plan is acceptable in lieu of this
list).
b. an itemized list of costs to be recovered against the responsible
party under Section 311(f) or (g) of the FWPCA.
3- Each Federal agency desiring payment of costs from the Fund must keep
accounting data to support the itemized costs and submit that data to the
District Commander at his request in such form as the Commandant may
prescribe.
1906 Reimbursable Expenditures
Federal agencies or States and political sub-divisions thereof will be
reimbursed from the Fund for expenditures authorized by the OSC which were
financed from agency funds and which were incurred in removal operations.
Reimbursable expenditures follow:
33 CFR 153
Section 153.407t Payments or Reimbursement from the Pollution Fund
1. The following costs incurred during performance of a Phase III or IV
activity, defined by the NCP, as authorized by the appropriate OSC under the
authority of Section 3H(c) of the FWPCA and of the provisions of the NCP, or
during the removal or elimination of threats of pollution hazards from
discharges, or imminent discharges, of oil or hazardous substances, and the
removal and destruction of vessels, so authorized by the appropriate OSC under
the authority of Section 3H(d) of the FWPCA are reimbursable to Federal and
State agencies:
a. Costs found to be reasonable by the OSC incurred by government
industrial type facilities, including charges for overhead in
accordance with the agency's industrial accounting system.
IX-3 Original
-------
1906 (cont'd)
b. Actual costs for which an agency is required or authorized by law
to obtain full reimbursement.
c. Costs found to be reasonable by the OSC incurred as a result of
removal activities that are not ordinarily funded by an agency's
regular appropriations and that are not incurred during normal
operations. These costs include, but are not limited to the following:
i. Travel (transportation and per diem) specifically requested
of the agency by the On-Scene Coordinator.
ii. Overtime for civilian personnel specifically requested of
the agency by the On-Scene Coordinator.
iii. Incremental operating costs for vessels, aircraft, vehicles,
and equipment incurred in connection with the removal activity.
iv. Supplies, material, and equipment procured for the specific
removal activity and fully expended during the removal activity.
v. Lease of rental equipment for the specific removal activity.
vi. Contracts costs for the specific removal activity.
vii. Claims payable under Part 25, Subpart J of this title.
1907 Limitations on Use of the Fund
1907.1 The Fund may be used only during Phase III and Phase IV response
activities and to eliminate substantial threats.
1907.2 Personnel and equipment costs which are funded by other
appropriations and which would have been incurred during normal operations are
not reimbursable as out of pocket costs. These are "indirect" costs and are
tabulated separately.
1907*3 The purchase of large and expensive equipment is not chargeable to
the Fund.
1908 Billing Actions^
1908.1 Federal Agencies
Within 60 days after termination of Phase IV operations, prepare SF-1080 and
indicate the paying office to be:
Commander, Twelfth Coast Guard District(f)
Government Island
Alaraeda, CA 94501
IX-4 Original
-------
1908.1 (cont'd)
or
Commander, Eleventh Coast Guard DistrictCf)
Union Bank Building
400 Oceangate Blvd.
Long Beach, CA 90822
or
Commander, Fourteenth Coast Guard District(f)
300 Ala Moana Blvd.
Honolulu, HI 96850
Refer to the Project Number assigned by the U.S. Coast Guard and mail the
SF-1080 to the OSC for certification that service and materials for which
billing is submitted was requested and received by him.
1909 The Reporting of "Indirect" Costs Incurred Not Reimbursable from the Fund
(other than out of pocket costs, Federal agencies only)
Within 60 days, submit a report to the OSC itemizing those costs which the
Federal agency would have incurred whether or not the discharge had occurred;
but for which the Federal Government will seek recovery costs from the
discharger as a user charge for employing Federal resources in the removal
actions. Such costs include but are not restricted to:
1. Personnel costs, including those assigned to operate equipment or
to any facility listed by hourly rates, (limited to a maximum of eight
hours per calender day).
"2. Equipment costs, including any hourly rate for depreciation and
maintenance determined by applying generally accepted accounting
principles.
3* Additional supplies and materials expended.
4. All other specific determinable costs incurred as a result of Phase
III or IV response activity.
1910 State Access to the Pollution Fund
1910.1 State Removal Activities
1. The State or States affected by a discharge may act where
"necessary" to remove such discharge and may be reimbursed for the Fund
for the reasonable costs incurred in such removal. FWPCA Section
3H(c)(2)(H) states that removal by a State is "necessary" when the OSC
determines that the owner or operator of the vessel onshore facility
from which the discharge occurs does not effect removal properly and
that:
IX-5 Original
-------
310.1 (cont'd)
a. State action is required to minimize or mitigate significant
damage to the public health or welfare which Federal action cannot
minimize or mitigate; or
b. removal or partial removal can be effected by the State at a
cost which is not significantly greater than the cost which would be
incurred by the Federal departments or agencies.
Not withstanding the above, State removal actions are not necessary if
not in compliance with Section 2000 of the NCP.
2. State removal operations are considered to be Response Phase III
and/or Response Phase IV actions to the extent that the same operations
undertaken by a Federal agency would be so considered.
3. When supervised by the State SAC, removal operations of a local
government are considered to be actions of the State for purposes of
this section.
4. Access of the Fund by the State shall be through the predesignated
OSC (Section 1700).
1910.2 State Agency Reimbursement
The State government elements identified in this Plan will seek reimbursement
for removal operation expenditures in behalf of all State agencies and
political subdivisions thereof. They shall use their regular billing system
and prepare the State equivalent for SF-1080. Indicate the paying office to be
the same as that shown above for Federal agencies.
Refer to the Project Number assigned by the U.S. Coast Guard to the OSC. Mail
the bill to the OSC for certification that services and materials for which
billing is submitted were requested by him.
1911 Monitoring Cleanup Operations
When the discharger undertakes appropriate cleanup operations, the OSC
monitors progress and provides counsel. No operating funds are provided for
this activity. The Fund is not activated; and thus there is no provision for
paying State or Federal agencies for their monitoring efforts.
1912 Federal Cleanup Operations
1912.1 Prohibited Discharge from a Federal or State Facility
Expenses for cleanup action for such discharges are to be borne by the
appropriation(s) of the Federal agency whose facility is responsible for the
prohibited discharge. The Pollution Fund is not available to pay any foreign,
Federal, State or local government or agency for the payment or reimbursement
of its costs incurred in the removal of oil or hazardous substances discharged
from a vessel or facility that it owns or operates.
IX-6 Original
-------
1912.3 Prohibited Discharge from a Non-Federal Facility
Federal cleanup activities are instituted when the water pollution discharger
is (1) unknown, or (2) does not act promptly, or does not take or purport to
take appropriate cleanup action. "Direct" costs incurred for this purpose are
chargeable to the Fund. If and when the identity of the discharger is
established, the Coast Guard bills these "direct" costs to the discharger as
well as certain "indirect" costs.
1913 Agency Funding
Actions undertaken by the primary agencies in response to pollution emergencies
shall be carried out under existing programs and authorities insofar as
practicable. It is not envisioned that any Federal agency will make resources
available, expend funds or participate in operations in connection with
pollution emergency operations unless such agency can so respond in conformance
with its existing authority. Authority to expend resources will be in
accordance with the agencies' basic statutes and, if required, through
cross-servicing agreements. Interagency agreements should be developed
Whenever specific reimbursement agreements between Federal agencies are deemed
necessary to insure that the Federal resources will be available for a timely
response to a pollution emergency.
1913.1 The Environmental Protection Agency can provide funds to insure
timely initiation of discharge removal actions in those instances where the OSC
is. an EPA representative. Funding of continuing Phase III and IV actions,
however, shall be determined on a case-by-case basis by the Division of Oil and
Hazardous Materials at EPA. Inasmuch as EPA does not have funds provided for
this purpose by statute or regulation, initiation of Phase III and iv
activities is funded out of program operating funds.
1913.2 The U. S. Coast Guard pollution control efforts are funded under
"Operating Expenses." These funds are utilized in accordance with agency
directives and applicable regional plans.
1913.3 The Department of Defense has two specific sources of funds which
may be used in pollution incidents under appropriate circumstances. (This does
not include military resources which might be made available under certain
conditions.)
1913.4 Funds required to remove a sunken vessel or similar obstruction to
navigation are available to the Corps of Engineers through Civil Functions
Appropriations, Operations and Maintenance, General.
1913.5 The U. S. Navy has funds available on a reimbursable basis to
conduct salvage operations.
IX-7 Original
-------
1914 Disaster Relief Funds
1914.1 Certain pollution control emergency response activities may qualify
for reimbursement as disaster relief functions. In making a declaration of a
"major disaster" for a stricken area, the President may allocate funds from his
Disaster Relief Fund, administered by the Director, FDAA. After the President
has declared a "major disaster" and authorized certain reimbursements to
Federal agencies for disaster assistance provided under direction of his
office. Applicable policies and procedures are stated in Title 24 CFR Chapter
XIII, Part 2201, "Reimbursement of Other Federal Agencies Performing".
1914.2 In addition to the authority provided for actions taken subsequent
to the declaration of a "major disaster", if the President determines that a
major disaster is imminent, he is authorized pursuant to U.S.Code Citation to
use the resources of the Federal Government to avert or lessen the effects of
such disaster before its actual occurrence.
1914.3 The Director, FDAA may also make financial assistance available to
State governments and to local governments through the States in accordance
with policies and procedures stated in Title 24 CFR Chapter XIII, Part 2205,
"Federal Disaster Assistance."
1915 Planning
1915.1 The availablity of funds and requirements for the reimbursement of
expenditures by certain agencies must be included in resource utilization
planning. Local contingency plans should show under what conditions and what
cost arrangement resources are available.
1915.2 Local interagency agreements may be necessary to specify when
reimbursement is required.
IX-8 Original
-------
ANNEX X
2000 Cleanup Techniques and. Policy
2001 General
Since the location and magnitude of discharge can vary so greatly, this Annex
is presented to furnish general guidance and useable techniques for containment
and cleanup operations. OSC area plans will further specify cleanup techniques
and applicable State or Territory regulations for each area of responsibility.
When a discharge is discovered, the first actions taken should be to safeguard
life and property. Secondly, the source of the pollution should be determined
and an attempt made to stop any additional discharge.
Regulations in 33 CFR 153 outline objectives for cleanup techniques. These
regulations give the OSC the authority to direct the type of equipment and
methodology to be used for cleanup. They outline that removal methods
minimizing secondary containment will be utilized to the maximum extent
practicable. Further, they establish the precedence of (1) mechanical, (2)
manual, and (3) chemical methods for cleanup.
2002 Securing the Source
To minimize the extent of the discharge, all efforts should be made to secure
the source of a continuing spill. In some cases, a valve left open after a
transfer operation can be quickly shut off or plugged. If a valve failure has
occurred and the valve is inoperative; it may be possible to direct the oil to
a sump or holding tank, -or to restrict the flow with a saddle clamp. In the
event of a large non-continuous discharge, such as a ruptured storage tank,
equipment and manpower should be concentrated well ahead of the leading edge of
the pollutant to insure ample time to rig containment and removal- equipment.
2003 Containment and Removal
2033.1 General
As initial countermeasures are being taken, equipment and manpower necessary
for mitigating the environmental damage caused by the discharge should be
activated. The successful cleanup of an oily discharge relies on the
combination of one or more techniques of confinement, removal disposal and
restoration in an intergrated operation which is appropriate for that unique
situation. The first priority is to limit the spread of the pollutant mass to
the smallest possible area.
2003.2 Containment
2003.2.1 Boom Deployment
A floating boom or surface flow barrier is an effective means of controlling
the spread of oil on water. Different types of environmental conditions
require that booms be placed in certain configurations to best utilize their
containment potential.
X-l Original
-------
2003.2.1 (cont'd)
Booms become ineffective in currents over 1.0 knots with oil loss starting at
about 3/1* knots if the boom is placed perpendicular to the current flow. In
these cases booms should be deployed at an angle to the current, to divert the
oil to a calm area where removal may be accomplished. For best results the
boom should be deployed at an angle less than 20 degrees to the direction of
flow. Booms may also be used to encircle a spill, expand the effective width
of a skimmer or protect a shoreline or clean beach area.
2003«3 Removal Techniques
2003.3.1 Mechanical Methods
33 CFR 153 establishes that mechanical methods will be given first priority in
the removal process because they do not contribute to secondary pollution. As
much oil as possible should be consolidated using booms and other devices to
permit more effective use of mechanical skimming devices. A major portion of
the oil spill will be recovered by this method, and the oil can often be
reprocessed. There are several types of skimmers including: weir, oleoplilic
belt, vertical plate and wiper, and dynamic inclined plane. Short lengths of
boom can be attached to the sides of the skimmer, the oil may be transferred
ashore by vaccuum line or pump.
2003.3.2 Manual Methods
After the major part of the oil has been removed mechanical methods, sorbent
material is either broadcast on the slick area or inserted into web tubes
thereby forming a sorbent boom which may be used to sweep the slick area. The
broadcast material is removed from the water by hand operated rakes, scoops,
forks, etc. as it becomes saturated. This method should be utilized only after
maximum amount of oil has been recovered using the mechanical means.
Sorbents come in many sizes and forms and have different application. In
general, the large size sorbents (booms and Pads) should be used in preference
to the smaller particle sorbents (granular sorbents, rice hulls and straw) in
open water areas because they are easier to retrieve.
2003.3.3 Chemical Removal
1. Policy
a. Refer to Section 2000 of the NCP.
b. It is the intent of this Schedule that no harmful quantities of any
substances be applied to the waters to remove or neutralize the effects
of oil or hazardous substances.
c. This Schedule advocates development and utilization of sorbents,
skimmers, booms, and other mechanical control methods.
X-2 Original
-------
2003.3.3 (cont'd)
2.
d. State laws, regulations, or written policies regulating the use of
chemicals in the removal of oil and hazardous substances shall govern,
when more stringent than EPA policy.
Use of Chemical Agents
Section 2000 of the NCP provides a detailed program for use of cleanup agents,
including:
a. Policy
b. Definitions of types of agents
c. Criteria for use of agents
d. Recordkeeping
e. Technical information required, and standard procedures for
obtaining this information.
Oil Spill Cleanup Agents (OSCA)
a. EPA accepted OSCA (see Annex X, TAB A)
Company
Shell Oil Company
Natural Hydorcarbon
Elimination Company
Whale Chemical Company
Ara Chem, Incorporated
Adair Equipment Company,
Incorporated
Exxon Chemical
Continental Chemical
Company
GFC Chemical Company
Name of
Product
Oil Herder
NOSCUM
Seamaster,
NS-555
Gold Crew
Dispersant
Cold Clean
Corexit 9527
Corexit 7664
Corexit 8661
Conoco
Dispersant K
Atlantic Pacific
Oil dispersant
Type of
Product
Surface Collector
Biological
Additive
Dispersant
Dispersant
Diapersant
Dispersant
Dispersant
Dispersant
Dispersant
Dispersant
X-3
Original
-------
2003.3.3 (cont'd)
• b. State of California Licensed OSCA (see Annex X, TAB B)
Name of
Product
Company
Shell Dutch Pride Products ECO/
GFC Chemical Company
Grefco, Incorporated
K Petrol Grab
Dica-Sorb or
Fiberperl
Nokomis 3 (f-4)
Nokomis Industries
Parker Systems Incorporated Oil Snare
Innova Corporation Sorb Oil
Conwed Corporation Conwed Oil Sorbers
Exxon Chemical
Sorbent Sciences
Corporation
Zorbite Corporation
Dow Chemical Company
3M Company
Shell Oil Company
2003.3.4 National Inventory Systems
Corexit 9527
Corexit 7664
OC-5 -
S.S.C. Sorbent
Material
Zorbite
Dow Imbiber Beads
3M Oil Sorbent
Oil Herder
Type of
Product
Dispersant
Sorbent
Sorbent
Dispersant
Sorbent
Sorbent
Sorbent
Dispersant
Dispersant
Surface Collector
Sorbent
Sorbent
Imbibing Agent
Sorbent
Surface Collector
A national inventory of pollution response and support equipment has been
developed to assist OSCs and RRTs in rapidly accessing needed resources during
times of emergency. This information is accessible through the NRC and remote
data terminals at Coast Guard Districts and Marine Safety Offices, as well as
at Captain of the Port offices. Appropriate planning shall be accomplished at
the regional and local level to insure that data in the system is current and
accurate so that full utilization can be made of this information and minimal
delays incurred in obtaining needed resources. The Coast Guard is repsonsible
for updating the national inventory with information from the regional offices
of Federal agencies.
X-4
Original
-------
2003*3.5 Spills to Sewers and Treatment Facilities
Spills should not be allowed to reach or enter storm or sanitary sewers.
Explosive concentrations of hydrocarbons in a confined sewer may be
ignited and flash back along the sewer line. In most sewage treatment
plants oil can severely disrupt the process by clogging the system or
killing the bacteria used in the treatment process.
Dirt or other similar material can be placed around the catch basins to
form a dike or barrier to protect the drain or intake from the flow of
oil. If oil has entered the storm drain system a dirt dam can be
constructed at the outfall to close off the system and contain the flow
of oil to accomplish these control measures.
If oil enters a sanitary sewer, the downstream sewage treatment plant
should be notified at once. The oil must be contained and removed early
in the process prior to air injection of the effluent which will
emulsify the oil and make it difficult to remove.
2003.3.6 Final Cleanup and Restoration
The final cleanup phase is to remove any residual oil remaining on
beaches, vegetation, pilings, boats and shorelines.
Several methods have emerged as best for final cleanup. Straw works
best on sandy beaches if spread over and raked into the oil. Motorized
brush cutters work well on strands of tule grass and marsh plants having
an oily band. A six inch stubble is left for plant regeneration and
erosion control. Hydro blasters work well on pilings, rocks and riprap
banded with oil. Booms should be placed around the shoreline area to
confine any oil washed free.
Boats usually have to be hauled to perform adequate cleaning without
causing secondary pollution.
Oil saturated earch must be removed and restored with clean fill if the
area is in close proximity to water and leaching is possible.
2004 Ultimate Disposal
The most desirable method of disposing of spilled oil, before it has
become emulsified, befouleded with debris or deposited on shore, is to
collect it for reuse or reprocessing. Once oil has come ashore and
become contaminated with aorbents and floating debris, chances of
recovery for recycling are negligible.
Oil soaked debris must be deposited in approved land fill areas that
preclude its re-entry into water. Applicable State regulations will
apply as to the designation and hauling to these sites. Care should be
taken during transportation of contaminated debris to insure against
spillage along the haul road. Further discussions is included in Annex
XVIII, Disposal.
X-5 Original
-------
ANNEX X TAB A
1. Cold Clean
2. Gold Crew
Arco Chemical
D-609 Dispersant
4. ECO Atlan'tol AT?
5. B01100X
BP1100WD
6. CONGO Dispersant K
EPA Accepted Dispersant Products
Adair Equipment Co., Inc.
5518 Mitchelldale
P. 0. Box 19333
Houston, TX 77024
(713) 681-1371
Ara Chemical Inc.
Box 5031 E.S.D.
San Diego, CA 92105
(714) 442-3346
Arco Chemcial Company
P. 0. Box 370
Sand Springs, OK 74063
(918) 588-8293
Aspra Inc.
4401 23rd Ave., W.
Seattle WA 98199
(206) 284-9838
B. P. North America Inc.
620 Fifth Ave.
New York, NY 10020
(212) 399-0600
Continental Chemical Co.
270 Clifton Blvd.
Clifton, NJ 07015
(201) 472-5000
7. Ameroid Oil Spill Dispersant/LT
8. Corexit 9527
Corexit 8667
Corexit 7664
9. Atlantic Pacific Oil Dispersant
Drew Chemical Corp.
One Drew Chemical Plaza
Booton, NJ 07005
(201) 263-7600
Exxon Chemical Co.
1333 West Loop South
Houston, TX 77027
(713) 656-0293
GFC Chemical Company
2539 Old Okiechobee Road
West Palm Beach, FL 33409
(415) 362-6065
X-A-1
Original
-------
10. Slik-A-Way
11. BTO-ALLPRO
PRO-FORM
12. Sea Master, NS-555
Mi-Dee Products Inc.
P. 0. Box 4815
Hayward, CA 94540
(415) 782-8811
Pro-Form Products Corp.
230 California Ave.
Palo Alto, CA 9^306
(415) 321-5207, 5208
Whale Chemical Co. Inc.
58 Winant Street
Staten Island, NY 10303
(212) 273-1324
X-A-2
Original
-------
ANNEX X TAB B
Dispersing Agents Licensed by the State of California
1. Corexit 9527
Corexit 7664
2. ECO/+
Nokomia 3(f-4)
4. Slik-A-Way
Exxon Chemical Co.
1333 West Loop South
Houston, TX 77027
(713) 656-0293
Dutch Pride Products
P. 0. Box 2105
Houston, TX
Local number: (408) 356-9379
Nokomois Industries
23588 Connecticut St., Suite #8
Hayward, CA 94545
(415) 782-8811
Midee Products
P. 0. Box 4815
Hayward, CA 94540
(415) 782-8811
X-B-1
Original
-------
ANNEX XI
2100 ARRANGEMENTS FOR PARTICIPATION OF NON-FEDERAL GROUPS
2101 General Policy
The policy of the Federal government is to initiate discharge removal
operations when required and action is not being taken by the discharger or
other private or public organization.
2102 Planning and Preparedness
2102.1 The planning and preparedness functions incorporated in this Plan
also apply to non-Federal resources. The State and local government and
private interests are encouraged to participate in regional planning and
preparedness functions.
2102.2 State and local government agencies are encouraged to include
contingency planning for discharge removal in existing and future emergency and
disaster planning acivities.
2103 Pollution Emergency Response Operations
State Agencies may be reimbursed from the Oil Pollution Fund established by
Section 311(k) of the CWA Act for reasonable costs incurred in the removal of
oil discharges from the waters and shore lines of the United States. State
agencies may also be reimbursed for certain removal actions from the Hazardous
Substances Response Trust Fund established by Section 221 of CERCLA, when prior
authorization is granted by contract or cooperative agreement (Section 1900 of
this plan).
2104 Volunteers
2104.1 In many pollution emergency situations, volunteers desiring to
assist in response efforts present themselves at the scene.
2104.2 The OSC with RRT concurrence will arrange for safe and effective
utilization of volunteer forces.
2104.3 Volunteers will normally be either under the direction of: (a) a
contracted company or (b) an appropriate Federal/State agency or (c) party
responsible for discharge.
2104.4 Volunteers may be used in the following specific area of response:
a. Beach surveillance
b. Logistical support
c. Bird and other wildlife treatment, and
d. Scientific investigations
2104.5 Volunteers normally should not be used for physical removal of
pollutants. Specifically, volunteers should not be permitted at on-scene
operations involving hazardous substances.
XI-1 Original
-------
2104.6 On scene training of volunteers should be accomplished through:
(a) a contracted company or (b) the appropriate Federal/State agency.
2105 Waterfowl Conservation
2105.1 State of California
1. The State of California, Department of Fish and Game (SAC) and the U.S.
Fish and Wildlife Service has designated and are stocking bird cleaning
stations within the State of California for the treatment of oiled waterfowl
during discharges. Any one or all of these stations may be activated during an
incident by State Operating Team Personnel on scene.
2. The Department of Fish and Game, in cooperation with the DOI/FWS, will
coordinate actions of professional and volunteer groups during bird collection,
cleaning and recovery operations.
2105.2 State of Arizona and Nevada
The Arizona Game and Fish Department and the Nevada Department of Fish and Game
will coordinate waterfowl reclamation activities with the DOI at the site of a
discharge on a case by case basis.
2106 Scientific Interest Coordination
2106.1 Oil discharges and hazardous material releases frequently present
valuable opportunities for scientific observations and marine biological
studies of the effects of pollution on the marine environment that cannot
normally be duplicated.
2106.2 Analysis of environmental damage, marine biota mortality and
recovery rates will aid future water quality predictions. In order for studies
of acute pollutant damage to be meaningful, background data and trends must be
available for comparison.
2106.3 Many individuals representing diverse disciplines are actively
engaged in some form of marine or estuarine study. They represent Federal,
State and local government agencies, academic institutions and private
industry. Generally, these activities are spotty and tied to some particular
interest or specific goal. Most cover relatively restricted areas of concern.
Specific spill studies must be integrated with background data surveys, ongoing
marine scientific studies, and the cleanup efforts of the OSC. Studies must
proceed so as not to hamper, nor be destroyed by the cleanup effort. Further,
research efforts of all groups must be integrated so that conclusions drawn
will benefit from the results of all other studies.
XI-2 Original
-------
ANNEX XII.
2200 INTERAGENCY SUPPORT AGREEMENTS/ARRANGEMENTS .
TAB A - Memorandum of Understanding between the Departments of Interior
and Transportation concerning respective responsibilities under
the National Oil and Hazardous Substances Pollution Contingency
Plan dated August 16, 1971
TAB B - USGS OSC Order No. 7, Pollution and Waste Disposal
TAB C - Agreement between the United States and the State of California
concerning reimbursement from the Federal Pollution Fund
(Northern California - Oregon Border to the Northern Boundary
of Santa Barbara County)
TAB D - MOU EPA & USCG
TAB E - MOU US F&W and USCG
TAB F - Agreement between the United States Navy and the United States
Coast Guard for cooperation in oil spill cleanup operations and
salvage operations.
TAB G - Memorandum of Understanding between USGS and USCG concerning regulation
of offshore facilities and activities on the Outer Continental Shelf
dated 18 December 1980.
TAB H - Agreement between the United States and the State of Hawaii concerning
notifications of discharges of oil and hazardous substances.
XII-1 Original
-------
TAB A
DEPARTMENT OF THE INTERIOR DEPARTMENT OF TRANSPTORTATION
OFFICE OF THE SECRETARY OFFICE OF THE SECRETARY
WASHINGTON, D. C. 30240 WASHINGTON, D. C. 20590
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENTS OF THE INTERIOR
AND TRANSPORTATION CONCERNING RESPECTIVE RESPONSIBILITIES UNDER
THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN.
In order to assure the most efficient use of resources under the National Oil
and Hazardous Substance Pollution Contingency Plan, the Secretaries of the
Department of the Interior and Transportation agree that the following
provisions shall be observed by the agencies of the two Departments in the
exercise of their authority and the discharge of their responsibilities under
the Contingency Plan.
1. The U. S. Geological Survey has the expertise and capability for
coordination and direction in respect to measures to abate the source of
pollution when the source is an oil, gas, or sulfur well.
2. The U. S. Coast Guard has the expertise and capability for coordination
and direction in respect to measures to contain and remove pollutants.
3. With respect to spills originating from operations conducted under the
Outer Contintental Shelf Lands Acto of 1953, the U. S. Coast Guard shall
furnish or provide for the On-Scene Coordinator (OSC) with authority and
responsibilities as provided by the National Contingecy Plan subject to the
following qualifications:
a. The authorized representative of the U. S. Geological Survey on the
seen shall have the exclusive authority with respect to coordination and
direction of measures to abate the source of pollution.
b. The authorized representative of the U. S. Geological Survey on the
scene shall make the determination, which shall be bindind upon the On-Scene
Coordinator, that pollution control activities within a 500 meter radius of
the source of pollution should be suspended to facilitate measures to abate
the source of pollution
c. The authorized representative of the U. S. Geological Survey on the
scene shall make the determinations necessary under Secion 250.43 of Title 30
of the Code of Federal Regulations, which shall be binding upon the On-Scene
Coordinator.
d. In regard to those matters arising under Section 1334 et seq. of
Title 43 of the U. S. Code and the regulations and Outer Contintal Shelf
Orders issued therunder, the On-Scene Coordinator shall communicate with the
lessee through the authorized representative of the U. S. Geological Survey
on the Scene.
XII-A-1 Original
-------
e. The On-Scene Coordinator and the authorized representative of the
U. S. Geological Survey on scene shall maintain close liaison in all matters.
4. With respect to spills originating from operations conducted under the
Submerged Lands Act of 1953 or in internal waters of the United States, the
U. S. Geological Survey, upon request of the U. S. Coast Guard, will furnish
expertise, guidance, and such other assistance as may be appropriate in
respect to measures to abate the source of pollution when the source is an
oil, gas, or sulfur well.
5- This Memorandum of Understanding shall be reviewed annually and shall
continue in force until it shall be amended or terminated by mutual
agreement.
Done this Sixteenth day of August, 1971, at the City of Washington, D. C.
FOR THE DEPARTMENT OF THE INTERIOR
UNDER SECRETARY OF INTERIOR /s/ William T. Pecora
FOR THE DEPARTMENT OF TRANSPORTATION
UNDER SECRETARY OF TRANSPORTATION /s/ James M. Begga
XII-A-2 Original
-------
Legal Background of the Memorandum of Understanding Between the Departments
of the Interior and Transportation Concerning Respective Responsibilities
Under the National Oil and Hazardous Polluting Substances Contingency Plan
Section 311 of the Federal Water Pollution Control Act as amended (FWPCA),
has only limited application to the Outer Continental Shelf (OCS). (The OCS
is defined as that portion of the geologic continental shelf lying seaward of
the territorial sea, except in the case of Texas and the Gulf coast of
Florida where the OCS commences nine miles seaward of the baseline). The
definitions of both onshore and offshore facilities exclude by their terms
any OCS structure. The provisions of Section 311(b)(4) and 3U(b)(5), for
example, are inapplicable to fixed structures or artificial islands on the
OCS.
In order to provide a mechanism parallel to Section 311, FWPCA, the U. S.
Geological Survey has established in 30 CFR 250.43 provisions requiring the
lessee to take the necessary measures to abate the source of a discharge and
to remove the pollutant. Under these regulations, the lessee is required to
fund such activities, and he has no legal defapes of the nature available
under Section 311(e.g. an act of God, an act of war, negligence on the part
of the U. S. Government, or an act or omission of a third party) nor any
financial limitation to his liability (such as the $100/ton, $14 million
maximum for vessels and $8 million miximum for onshore and offshore
facilities). Accordingly, one of the principle aims of the Memorandum of
Understanding is to assure that in the orinary case the government's position
vis-a-vis the lessee be such that the application of the provisions of 30 CFR
250.43 will not be hazarded. .
The Outer Continental Shelf Lands Act (OCSLA) contains many provisions that
have not been fully explored legally. Where the exigencies of a particular
case may require such action, we may choose to proceed under other authority
thetvthat derived from 30 CFR 250.43 (which regulations are based upon the
OCSLA, 43 USC 1334). Examples of these other avenues include treating mobile
drilling platforms as vessels within the definition of vessel in Section 311,
FWPCA. The difficulty here, of course, is that only incidents relatively
close to territorial waters would be subject to Section 311 liability
provisions. Also, the OCSLA assimilates the law of the state adjacent to the
OCS structures. Any state pollution control of liability measures are also
applicable. It is possible that by virtue of the Assimilative Crimes Act,
current state law of a criminal nature would be applicable. It is also
possible that the provisions of 50 USC 191 have application on the OSC
structures. This would provide the government with the necessary authority
to take action but would not, of course, provide any basis for the recovery
of cleanup costs from the lessee. Additional regulations of a pollution
prevention nature could be promulgated by the U. S. Coast Guard under 43 US.
1333(e), but again it is doubtful that recovery of government removal costs
could be had under the law.
XII-A-3 Original
-------
The Memorandum of Understanding must be read, therefore, as an attempt to
provide a basis for the most effective pollution abatement and cleanup
measures available to the government on the OCS rather than >? an attempt to
extablish or circumscribe the authority o^ either agency prinipally
involved. It^is expected that in nearly all cases arising on the OCS, the
government will wish to assure that the lessee undertakes and funds the
abatement and cleanup measures. Exceptional cases should be referred to the
Commandant cleanup measures. Exceptional cases should be referred to the
Commandant for guidance. However, each district should be prepared to
indicate in such cases whatever state laws concerning pollution liability may
apply.
XII-A-4 Original
-------
TAB B
UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
CONSERVATION DIVISION
BRANCH OF OIL AND GAS OPERATIONS
PACIFIC REGION
NOTICE TO LESSEES AND OPERATORS OF FEDERAL OIL AND GAS
LEASES IN THE OUTER CONTINENTAL SHELF. PACIFIC REGION
This Order is established pursuant to the authority prescribed in 30 CFR
250.11 and in accordance with 30 CFR 250.43. Section 250.43 provides as
follows:
(a) The lessee shall not pollute land or water or damage the aquatic
life of the sea or allow extraneous matter to enter and damage any
mineral- or water- bearing formation. The lessee shall dispose of
all liquid and non-liquid waste materials as prescribed by the
supervisor. All recorded by the lessee and, upon request of the
supervisor, shall be reported to him. All spills or leakage of a
substantial size or quantity which cannot be immediately
controlled also shall be reported by the lessee without delay to
the supervisor and to the Coast Guard and the Regional Director of
the Federal Water Pollution Control Administration. All spills or
leakage of oil or waste materials of a size or quantity specified
by the designee under the pollution contingency plan shall also be
reported by the lessee without delay to such designee.
(b) If the waters of the sea are polluted by the drilling or
production operations conducted by or oh behalf of the lessee, and
such pollution damages or threatens to damage aquatic and total
removal of the pollutant, wheresoever found, proximately resulting
therefrom shall be at the expense of the lessee. Upon failure of
the lessee to control and remove the pollutant the supervisor, in
cooperation with other appropriate agencies of the Federal, State
and local governments, or in cooperation with the lessee, or both,
shall have the right to accomplish the control and removeal of the
poolutant in accorance with any extablished contingency plan for
combating oil spills or by other means at the cost of the lessee.
Such action shall not relieve the lessee of any responsibility as
provided herein.
(c) The lessee's liability to third parties, other than for cleaning
up the pollutant in accorance with paragraph (b) of this section,
shall be governed by applicable law.
XII-B-1 Original
-------
The operator shall comply with the following requirements. Any departures
from the requirements specified in this Order shall be subject to approval
pursuant to 30 CGR 250.12 (b).
1. Pollution Prevention. In the conduct of all oil and gas
operations, the operator shall not pollute land or water. The
operator shall comply with the following pollution prevention
requirements.
A. Liquid Disposal.
(1) The disposal of produced wate water and sewage shall
be in accordance with the provisions of OCS Order No.
8.
(2) Oil shall not be disposed of into ocean waters.
(3) Liquid wate materials containing substances which may
be harmful to aquatic life or wildlife, or injurious
in any manner to life or property, shall be treated to
avoid disposal of harmful substances into the ocean
waters.
(4) Drilling mud containing oil or toxic substances shall
not be disposed of into the ocean waters.
B. Solid Waste Disposal.
(1) Drill cutting, sand, and other solids containing oil
shalll not be disposed of into the ocean waters.
(2) Mud containers and other solid waste materials shall
be transported to shore for disposal.
C. Production Facilities.
(1) All production facilities, such as separators, tanks,
treaters, and other equipment, shall be operated and
maintained at all times in a manner necessary to
prevent pollution.
(2) The operator's personnel shall be thoroughly
instructed in the techniques of equipment maintenance
and operation for the prevention of pollution.
Non-operator personnel shall be informed in writing,
prior to executing contracts, of the operator's
obligations to prevent pollution.
XII-B-2 Original
-------
2. Inspections and Reports. The operator shall comply with the
following pollution inspection and reporting requirements and
operators shall comply with such instructions or orders as are
issued by the Supervisor for the control or removal or pollution.
A. Pollution Inspections.
(1) Manned drilling and production facilities shall be
inspected daily to determine if pollution is
occurring. Such maintenance or repairs as are
necessary to prevent pollution of ocean waters shall
be immediately undertaken and performed.
(2) Unattended facilities, including those equipped with
remove control and monitoring systems, shall be
inspected at intervals as prescribed by the District
Engineer and necessary maintenance or repairs
immediately made thereto.
B. Pollution Reports.
(1) All spills or leakage of oil and liquid pollutants
shall be reported orally without delay to the District
Engineer and the Coast Guard and shall be followed by
a written report to the District Engineer showing the
cause, size of spill, and action taken.
(2) All spills or leakage of oil and liquid pollutants of
a substatial size or quantity and those of any size or
quantity which cannot be immediately controlled, shall
be reported orally without delay to the Supervisor,
the District Engineer, the Coast Guard, and the
Regional Director, Environmental Protection Agency.
(3) Operators shall notify each other upon observation of
equipment malfunction or pollution resulting from
another's operation.
3. Control and Removal.
A. Corrective Action. Immediate corrective action shall
be taken in all cases where pollution has occured.
Each operator shall have an emergency plan for
initiating corrective action to control and remove
pollution and such plan shall be filed with the
Supervisor. Corrective action taken under the plan
shall be subject to modification wnen directed by the
Supervisor.
XII-B-3 Original
-------
B. Equipment. Standby pollution control equipment shall be
maintained at each operation or shall be immediately
available to each operator at an onshore location. This
includes containment booms, skimming apparatus, and
chemical dispersants and shall be available prior to the
commencement of operations. This equipment shall be the
most effective available resulting from the current state
of pollution control and removal research and development
efforts. The equipment shall be regularly inspected and
maintained in good condition for use. The equipment and
the location of land bases shall be approved by the
Supervisor. Chemical dispersants shall not be used without
prior approval of the Supervisor. The operator shall
notify the Supervisor of the location at which such
equipment is located for operations conducted on each
lease. All changes in location and equipment maintained at
each location shall be approved by the Supervisor.
Approved: 1 June 1971
D. W. SOLANAS
SUPERVISOR
RUSSELL G. WAYLAND
CHIEF, CONSERVATION DIVISION
XII-B-4 Original
-------
TAB C
AGREEMENT BETWEEN THE UNITED STATES AND THE
STATE OF CALIFORNIA CONCERNING REIMBURSEMENT
FROM THE FEDERAL POLLUTION FUND
(Northern California - Oregon Border to the
Northern Boundary of Santa Barbara County)
WHEREAS, the State of California, through its Department of Fish 4
Game, and the U. S. Coast Guard through its Twelfth Coast Guard District has
a mutual interest of pollution discharged into the navigable waters of the
United States and the adjoining shorelines within their mutual jurisdictions;
and
WHEREAS, the U. S. Coast Gluard is authorized by the Federal Water
Pollution Control Act as Amended in 1972 (P.L. 92-500), hereinafter called
the "Act", and the National Oil and Hazardous Substances Pollution
Contingency Plan (40 CFR 1510), hereinafter called the "NCP", to reimburse
state agencies from the Federal Pollution Fund under certain circumstances in
which the appropriate Federal On-Scene-Coordinator determines that such
action is necessary; and
WHEREAS, the State of California, through its Department of Fish and
Game, and other political subdivisions and state instrumentalities, is
authorized by state statute and local ordinances to pursue vigorous action to
abate, contain, and recover pollutants discharged into its waters; and
WHEREAS, the Department of Fish and Game, is the agency of the State
of California authorized pursuant to UO CFR 1510.23(a), to supervise the
cleanup of pollution by state and local agencies and to be the sole agency to
submit requests for reimbursement for all state agencies, political
subdivisions and instrumentalities; and
WHEREAS, The California Department of Fish and Game, and the Twelfth
Coast Guard District desires to establish uniform procedures for the
authorization, documentation, certification, and reimbursement from the
Federal Pollution Fund of Phase III (containment) and Phase IV (Cleanup,
Removal, and Disposal) expenses incurred by the California Department of Fish
and Game, or other state agencies, instrumentalities, and political
subdivisions under its supervision and NCP, and appropriate implementing
regulations;
NOW THEREFORE, the California Department of Fish and Game (hereinafter
referred to as CDF&G) and the Twelfth Coast Guard District (hereinafter
referred to as "Coast Guard") agree as follows:
•
(1) The Federal On-Scene-Coordinator, designated in accordance with
the National Contigency Plan (hereinafter called the "OSC") is the
person solely responsible for coordinating federal pollution control
efforts and the only person who may authorize efforts and the only
person who may authorize activities which are reimbursable from the
Pollution Fund.
XII-C-1 Original
-------
(2) This agreement is not intended to limit to those situations in
which reimbursement from the Pollution Fund is permissible, the
activities of CDF&G, other state agencies, instrumentalities, and
political subdivisions in carrying out the mandate of statutorily
approved programs. It is anticipated that exercise of state authority
may be appropriate in circumstances in which federal action is not
deemed necessary by the OSC. Activities of CDF&G and State agencies,
instrumentalities, and political subdivisions may include expenditure
of funds which under other circumstances would be reimbursable, or it
may include such expenditures as restoration expenses which are beyond
the purview of the Act.
(3) The OSC may request of the designated representative of CDF&G
what, if any equipment, personnel, or materials of CDF&G, other state
agencies, instrumentalities, or political subdivisions is available
for use hereunder. The designated representative of CDF&G, shall
inform the OSC what items, if any are available, ai>i *»B jua^aCfl^i*^^^
t- -i ** — - ....... .-1.1.1 and to wnat extent, if any CDF&G
desires to assume a portion of the responsibility for Phase III or IV
action in a particular spill, and the estimated cost of such action.
(4) Upon determination by the OSC that the following conditions are
met, he may authorize CDF&G to proceed with, certain work to contain,
cleanup, and remove oil or hazardous substances deposited upon the
navigable waters of the United States or on adjacent shorelines or
beaches:
(a) That the party causing the discharge is unknown, or
(b) That the party responsible for the discharge has been
notified, if possible, of the liability for the costs of federal
removal in accordance with Seciton 311 (f) dor (g) of the Act; the
need to perform the removal in accordance with existing federal
and state statutes and regulations, including the NCP; the name
and status of the OSC; and
(c) That despite these efforts by the OSC or other officials,
the discharger does not act promptly to remove the discharge; and
(d) That state action is required to minimize or mitigate
significant damage to the public health or welfare which federal
action cannot mitigate or minimize, or
(e) Removal or partial removal can be affected by the state at a
cost which is not significantly greater than the cost which would
be incurred if the cleanup were conducted by the Federal
departments or agencies.
(5) If the OSC determines that the conditions of paragraph (4) have
been met and that State action is necessary, he may then authorize the
designated representative of CDF&G to proceed with the performance of
appropriate services. This notice to proceed may be limited in any
fashion and may be terminated at any time by the OSC, in whole or in
part by notice to the designated representative.
XII-C-2 Original
-------
(6) All labor and equipment offered by the designated representative
of CDF&G and authorized by the OSC shall be performed using the
employees and equipment and political subdivisions. Except as
specifically authorized in accordance with paragraph (8), no work is
authorized to be performed hereunder by private contractors. All
authorized work shall be supervised by the designated representative
of CDF&G. Work authorized hereunder, whether rendered by CDF4G,
other state agencies, instrumentalities, or political subdivisions,
shall be paid for by state or local appropriations and shall be
onsidered, for the purpose of this agreement, as work rendered by
CDF&G. If the service of private contractors is deemed necessary by
.the designated representative of CDF&G, he shall notify the OSC of the
need. It is expected that the OSC, if he concurs, normally will
independently obtain the services of concerns under contract to the
United States, or obtain the necessary contracts through his
Contracting Officer.
(7) CDF&G shall be reimbursed for the following costs incurred
hereunder and paid for by state or local appropriations upon the
submission of a report, supported by accounting data, itemizing the
actual costs incurred via the OSC. to Commander (f), Twelfth Coast
Guard District:
(a) Costs found to be reasonable by the Coast Guard incurred by
government industrial type facilities, including charges for
overhead in accordance with the agency's industrial accounting
system.
(b) Actual costs for which an agency is required or authorized
by any law to obtain full reimbursement.
(c) Costs found to be reasonable by the Coast Guard incurred as
a result of removal activity that are not ordinarily funded by an
agency's regular appropriations and that are not incurred during
normal operations. These costs include, but are not limited to,
the following:
(i) Travel (transportation and per diem) specifically
requested of the agency by ;the OSC.
(ii) Overtime for civilian personnel specifically requested
of the agency by the OSC.
(iii) Incremenatal operating costs for vessels, aircraft,
vehicles, and equipment incurred in connection with the
removal activity.
(iv) Supplies, materials, and equipment procured for the
specific removal activity and full expended during the
removal activity.
XII-C-3 Original
-------
(v) Lease or rental of equipment for the specific removal
activity.
(vi) Contract costs for the specific removal activity
authorized in accordance with paragraph (8).
(vii) Salaries of state employees shall not normally be
reimbursed.
(8) Subcontracts.
(a) No subcontract shall be made by CDF&G for the furnishing of
any of the work herein contracted for without the prior approval
of the OSC. For the purpose of this clause, purchase of raw
material or commercial stock items shall not be considerd work.
(b) No subcontract placed under this agreement by CDF&G shall
provide for payment on a cost-plus-percentage-of-cost basis.
(9) All individual requests for services hereunder shall be by order
of the OSC. Oral orders will be confirmed in writing. CDF&G shall
issue daily, in a form acceptable to Commander, Twelfth Coast Guard
District (f), a complete listing of personnel, equipment, and material
provided hereunder, the inclusive times of their employment, together
with the cost, if known, or an accurate estimeate thereof if actual
cost is not yet determinable. The listing shall be sufficiently
itemized to permit the OSC To maintain an accurate estimate of each
type of costs as it accures, and to identify each item of work for
which actual cost will be included in the final billing. For minor
incidents the OSC may require less frequent reports at intervals not
less than three days. Each daily report should also include an
estimate of the percent of the work completed, an estimate of expense
necessary to complete the requested operation, and remarks concerning
any unusual problems encountered or expected.
(10) Hourly charges under paragraph (7) shall commence with the time
personnel and equipment depart for the location of the spill. .Charges
will terminate at the conclusion of necessary cleanup and necessary
transportation of the personnel and equipment to their respective
bases of operation, or in the case of a notice of termination of
authorization to proceed on certain work, issued by the OSC, after the
time which would have been required for necessary cleanup and return
had the work been terminated at the time of the notice. .
(11) If it is deemed in the best public interest, the United States
reserves the right to request cleanup services simultaneously from
competitive firms and will expect harmonious cooperation between one
or more contractors on the same or adjacent areas. The apportionment
of services will be solely within the discretion of the OSC and no
guarantee of volume of services requested during the period of this
agreement is intended or implied.
XII-C-4 Original
-------
(12) Services provided hereunder by CDF&G , will be in accordance
with the following General Provisions:
(a) Officials not to Benefit. No member of or delegate to
Congress, or resident commissioner shall be admitted to any share
or part of this contract, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to
this contract if made with a corporation for its general benefit.
(b) Covenant Against Contingent Fees. CDF&G warrants that no
person or selling agency has been employed or retained to solicit
or secure for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by CDF&G for the
purpose of securing business. For breach or violation of this
warranty the Government shall have the right to annul this
agreement without liability or in its discretion to deduct from
the contract price, its discretion to deduct from the contract
price, or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
(c) Relationship of Parties. The parties of this contract act
in an independent capacity in the performance of their respective
funtions under this contract and neither party is to be
considered the officer, agent, or employee of the other.
(d) This agreement may be terminated by either party upon 60
days written notice.
(13) This agreement shall go into force thirty (30) days after
signing by both parties to the agreement.
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
OCT 18, 1977 E. C. Fullerton
Director, State of California
Department of Fish and Game
4 Aug 1977 VADM A. C. WAGNER
Commander, 12th USCG District
United States Coast Guard
XII-C-5 Original
-------
TAB D
MEMORANDUM OF UNDERSTANDING BETWEEN THE
ENVIRONMENTAL PROTECTION AGENCY AND THE UNITED STATES
COAST-GUARD CONCERNING THE MITIGATING OF DAMAGE TO THE PUBLIC
HEALTH OR WELFARE CAUSED BY A DISCHARGE OF A HAZARDOUS
SUBSTANCE UNDER SECTION 311 OF THE CLEAN WATER ACT
(33 USC 1321)
The U.S. Coast Guard (USCG) and the Environmental Protection Agency (EPA)
agree that the responsibility for the mitigation of damage to the public
health and welfare caused by the discharge of hazardous substances shall be
shared by the USCG and EPA. This Memorandum establishes policy concerning
the responsibilities of the EPA and USCG regarding mitigation actions.
SECTION I
GENERAL
Section 311(b)(6)(C) of the Clean Water Act, as amended, authorizes the
Administrator of EPA to act to mitigate the damage caused by the discharge of
hazardous substances. The cost of mitigation shall be deemed a removal cost
incurred under Section 3H(o) of the Clean Water Act.
Through Executive Order 11735 (or as amended), the authority of the President
pursuant to Section 311(J)(1)(A), relating to the establishment of methods
and procedures for the removal of discharged oil and hazardous substances, is
delegated .to both EPA and USCG.
The waters and areas for which each agency has responsibility are defined in
the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR
Part 1510. Section 1510.36(b)).
According to the NCP, EPA is responsible for inland waters and the USCG is
responsible for coastal waters and the waters, ports and harbors of the Great
Lakes. These geographical areas are further defined in applicable Regional
Contingency Plans.
SECTION II
COORDINATION
In accordance with the predesignated geographical areas of responsibility,
EPA and the USCG agree to undertake appropriate mitigation actions of
discharges of hazardous substances within each agency's defined area of
responsbility.
The cost of such mitigation actions shall be considered a cost of removax
incurred under subsection (c) the the Clean Water Act and shall be
reimbursable through the 311(k) revolving fund.
XII-D-1 Original
-------
Mitigation efforts include, but are not limited: activities such as
containment measures; measures required to warn and protect the public of
acute danger; activities necessary to provide and monitor the quality of
temporary drinking water sources; monitoring for spread of the pollutant;
biomonitoring to determine the extent of the contamination; physical measures
to identify and contain substances contaminated by the discharge; providing
navigational cautions while response to the problem is underway; efforts to
raise sunken vessels which are the source of the discharge; implementation of
emergency treatment facilities; and any efforts necessary to locate the
source of the discharge and identify properties of the pollutants
discharged. The long term solution to many spills may be the construction of
major capital structures, including advanced treatment systems or extension
dikes. While such major construction may well mitigate the danger to public
health or welfare, they are not appropriate mitigation actions under Section
Thomas C. Jorling
Assistant Administrator for
Water and Waste Management
United States Environmental
Protection Agency
Sep 6, 1979
W. E. Galdwell, Rear Admiral
Chief, Office of Marine
Environment and Systems
United States Coast Guard
3 Oct 1979
XII-D-2
Original
-------
TAB E
INTERAGENCY AGREEMENT BETWEEN THE U.S. FISH & WILDLIFE SERVICE
AND THE U. S. COAST GUARD FOR PARTICIPATION IN POLLUTION INCIDENTS
I. PURPOSE; The purpose of this Interagency Agreement (IAA) is to specify
the conditions and procedures under which the U. S. Fish and Wildlife
Service will provide U. S. Coast Guard Federal On-Scene Coordinators with
appropriate technical expertise as well as services in support of the
Federal Government's efforts to control and cleanup oil and hazardous
chemical discharges. This IAA is implemented to enhance cooperation,
efficiency and effectiveness of response activities.
II. SERVICES TO BE PROVIDED; Under the terms of this agreement:
A. The Fish and Wildlife Service will provide or furnish Coast Guard
with technical expertise with respect to populations and habitats of fish
and wildlife, including migratory birds, marine mammals and endangered and
threatened plants and animals; specialized bird-hazing and cleanup
equipment; and personnel to coordinate efforts to mitigate the threat to
and rehabilitate birds affected by discharges of oil and hazardous
chemicals, as a force integrated into the predesignated On-Scene
Coordinator's (OSC's) local response team.
B. The Fish and Wildlife Service also will provide storage at its
facilities for Coast Guard spill response equipment under the predesignated
OSC's jurisdiction to the extent practicable to allow for prestaging of
response equipment near vulnerable environmentally sensitive areas.
C. The Coast Guard will provide storage at their facilities for Fish
and Wildlife Service response equipment to the extent practicable to allow
for prestaging of Fish and Wildlife Service response equipment.
D. Responsibility for maintaining equipment prestaged at the other
party's facility rests solely with the agency owning the equipment. Host
agencies will, however, assist in making arrangements to transport
equipment stored at their facilities when requested by the other agency.
The cost of transporting equipment will be borne by the owner agency,
unless agreed to otherwise.
III. SOURCES OF AND PROCEDURES FOR OBTAINING U.S. FISH AND WILDLIFE
SERVICE SUPPORT
A. Fish and Wildlife Service personnel and equipment will be
furnished as indicated in appropriate OSC local response plans and regional
contingency plans. These plans shall specify the Fish and Wildlife Service
personnel who are available to function on each OSC's local response team.
B. Procedures for obtaining Fish and Wildlife Service support shall
be specified in appropriate predesignated OSC's local response and regional
contingency plans.
XII-E-1 Original
-------
IV. U. S. COAST GUARD RESPONSIBILITIES
A. The Coast Guard will advise all of its District Commanders,
predesignated OSC's and Regional Response Team (RRT) members of the terms
of this Agreement.
B. The Coast Guard is designated as administrator of the pollution
revolving fund established by the Federal Water Pollution Control Act of
1972 (P.L. 92-500), as amended. As such, the Coast Guard is responsible
for reimbursing Federal agencies that provide support to Federal OSC's.
C. In the event that Fish and Wildlife Service involvement is desired
by the Coast Guard during an incident not covered by the Federal Water
Pollution Control Act, or Outer Continental Shelf Lands Act, the Coast
Guard shall advise the Fish and Wildlife Service the extent to which
reimbursement can be expected when the request for assistance is made.
D. Commandant (G-WEP) shall coordinate agreements for prestaging
equipment at National Strike Force locations.
E. Coast Guard RRT representatives shall coordinate agreements for
prestaging equipment at Coast Guard and Fish and Wildlife Service
facilities within the RRT's geographical area of responsibility.
V. U. S. FISH AND WILDLIFE SERVICE RESPONSIBILITIES
A. It is understood that subsequent to formalizing this IAA, the Fish
and Wildlife Service will advise its Regional Offices and Pollution
Response Coordinators of the terms of this Agreement, their respective
duties and responsibilities, methods of accounting, and reimbursement or
payment for Fish and Wildlife Service efforts during pollution incidents
covered by this Agreement.
B. The Fish and Wildlife Service National Pollution Response
Coordinator shall coordinate agreements for prestaging response equipment
at National Strike Force locations.
C. The Fish and Wildlife Service RRT representative shall coordinate
agreements for prestaging response equipment at facilities within the RRT's
geographical area of responsibility.
VI. REIMBURSEMENT PROCEDURES AND POLICIES
A. The Federal OSC is responsible for insuring that proper cost
documentation records are maintained
B. Federal agencies providing advice and assistance are responsible
for providing OSC's with supporting documentation for cost accounting.
C. Agencies providing assistance in support of a Federal cleanup
operation as requested by an OSC are entitled to reimbursement for the
following items:
1. Travel, per diem, and overtime costs for personnel.
XII-E-2 Original
-------
2. Rental costs, as approved by the parent agency, for non-
expendable equipment provided.
3, Replacement costs for expendable materials provided and
utilized.
4. Replacement or repair costs for nonexpendable equipment which
is damaged while under the administrative control of the
OSG. For purposes of this Agreement items are under the
OSC's administrative control from the time they are delivered
for his/her use, whether the delivery is made at the scene of
the incident or to an agent of the OSC at another location,
until the time when the item is returned to the custody of
the agency providing the equipment or its duly appointed
agent.
5. Transportation costs incurred in delivering items to and from
the scene. • '
6. Incremental operating and contract costs incurred in
providing assistance to OSC's.
D. Normal salary costs of Government employees in positions that are
not normally intended to provide services in support of response operations
are reimbursable.
E. The fiscal agent for the Coast Guard will be the Comptroller of
the cognizant Coast Guard District.
Approved: Jun 6, 1979
Associate Director, U. S. Fish and Wildlife Date
Service
Approved: 24 Jul 1979
Chief, Office of Marine Environment Date
Systems, U. S. Coast Guard
XII E-3 Original
-------
TAB F
INTERAGENCY AGREEMENT (IAA) BETWEEN THE UNITED STATES NAVY AND THE
UNITED STATES COAST GUARD FOR COOPERATION IN OIL SPILL CLEAN-UP
OPERATIONS AND SALVAGE OPERATIONS
I. PURPOSE: To specify for U. S. Coast Guard and .U. S. Navy application:
A. Conditions and procedures under which the" U. S. Coast Guard can
request and the U. S. Navy will provide oil spill clean-up and/or salvage
equipment and services to support the U. S. Coast Guard in non-Navy oil
spills and other operations requiring salvage expertise.
B. Conditions and procedures under which the U. S. Navy can request
and the U. S. Coast Guard will provide equipment and services to support
the U. S. Navy in salvage operations and in response to oil spills which
are caused by facilities or vessels under Navy jurisdiction.
C. Reimbursement procedures and policies.
II. BACKGROUND; The National Oil and Hazardous Substances Pollution
Contingency Plan, promulgated under the authority of the Federal Water
Pollution Control Act, (FWPCA) (33 USC 1251, et. seq.) confers on the Coast
Guard (or the Environmental Protection Agency in designated areas)
responsibility for designating Federal On-Scence Coordinators (OSC) to
coordinate Federal agency resources in cleaning up any oil or hazardous
substance discharged in U. S. navigable waters, the contigous zone or
waters beyond the contigous zone up to approximately 200 miles. In
addition to having the responsibility and expertise to respond promptly in
cases of discharges from Navy operated or supervised ships and facilities,
the Navy is also the governmental agency possessing expertise in ship
salvage and salvage-related operations. The OSC, may access this expertise
for the cleanup and control of any oil spill. The Coast Guard may also
access the Navy's salvage expertise to assist during other operations
conducted by the Coast Guard. Alternatively, the Navy may access the Coast
Guard's expertise in oil spill control and other assets for salvage
operations.
III. RESOURCES; Under the terms of this Agreement, the following
resources may be provided:
A. When requested by the U. S. Coast Guard pursuant to Section V
herein, the U. S. Navy will furnish to the U. S. Coast Guard the following
resources consistant with availability and operational commitments as
determined by the Navy:
XII-F-1 Original
-------
(1) Salvage equipment and specialized oil spill control and
clean-up equipment.
(2) Salvage, diving and oil spill control consulation,
evaluation, planning and operational services.
(3) Naval Craft, vessels and aircraft.
B. When requested by the U. S. Navy pursuant to Section VI herein the
U. S. Coast Guard will furnish to the U. S. Navy the following resources
consistent with availability and operational commitments as determined by
the Coast Guard.
(1) Oil spill consulation, evaluations, planning and operational
services
(2) Specialized oil spill control and clean-up equipment.
(3) Coast Guard craft, vessels and aircraft.
IV. FEDERAL ORGANIZATION AND RESPONSIBILITIES; U. S. Navy response to
U. S. Coast Guard Federal On-Scene Coordinator (OSC) requests for services
and equipment in non-Navy oil spills will be provided in accordance with
the NCP (Part 1510, Chapter V, Title 40 CFR) and the terms of this IAA.
The Coast Guard OSC will coordinate direct Federal oil spill control and
cleanup effors in the event of an incident in his area of responsibility.
In the event that commercial resources and/or expertise are not available
to carry out the required cleanup, the OSC will arrange for the use of
Federal and/or State resources. Unless prearrangements have been made, the
OSC will seek the assistance of the Regional Response Team in accessing the
needed advice and/or resources.
U. S. Navy Salvage operations, conducted in support of other Coast Guard
activities, will be coordinated by the Coast Guard On-Scene Commander or
Coast Guard Officer-In-Charge of the operation, subject to the operational
and technical control of the Navy Salvage Officer.
V. COAST GUARD REQUESTS FOR NAVY ASSISTANCE;
A. When local or regional interagecy contingency plans contain
adequate provision for identification, deploymnet of, and reimbursement for
locally available Navy pollution control assets, OSC requests for such
assets will be made through the Navy or DOD member of the RRT. The Navy
(or DOD) member will have prearranged with the Navy Area Coordinator and
the cognizant Navy supplier activity commander for authority to commit
these resources to the OSC to follow up such a request with a confirming
message to the supplier activity and Navy Area Coordinator referencing the
request and citing pertinent operation and funding information. Request
forwarded by OSCs shall include the following information:
XII-F-2 Original
-------
(1) Circumstances of the spill, e.g.,. location, quantity and
(2) Extent of assistance required.
B. When adequate local activity assets are not available, or
difficulties arise in arranging for their deployment and cannot be resolved
on the RRT level, the matter shall be referred to the National Response
Team (NRT) for resolution. Requests forwarded by RRTs shall include the
information called for in V. A. above.
(1) The Coast Guard NRT representative or National Response
Center (NRC) Duty Officer will relay all requests for assistance from the
OSC/RRT to the Chief of Naval Operations Navy Department Duty Captain
(OP-641/642) for action. (24 hour telephone: 202-695-0231). Such
referrals will specify the above mentioned information relating the the
conditions and circumstances of the oil spill.
(2) All Coast Guard telephonic requests for assistance referred
to in paragraph (1) will be followed promptly by a documenting message from
the Coast Guard. This message will reference and detail the initial OSC
request and must include accounting data identification for reimbursement
to the Navy of the costs identified in Section VIII of this Agreement. The
message shall be addressed to CNO, Washington D. C., Attn: OP-64/45/23/37,
to CHNAVMAT, be addressed to CNO, Washington D. C., Attn: Mat-044; to
COMNAVSEASYSCOM, Washington D. C., Attn: NAVSEA-OOC; to COMNAVFACENGCOM
Alexandria, VA to CINCLANTFLT, Norfolk, VA. or CINCPACFLT, Pearl Harbor,
HI., (as appropriate); and to Commandant U. S. Coast Guard and the NRC (as
appropriate). The Navy will properly document increases in the projected
cost of its assistance and will so inform the OSC by message referancing
the Coast Guard's message.
C. If NAVSEASYSCOM assistance is anticipated, OSCs may, prior to
formal tasking, directly communicate with NAVSEASYSCOM at 202-697-7403
(normal workday), other times 202-692-7527 for technical matters.
D. In oil spill related cases where it becomes necessary to assist
the Coast Guard by mobilizing Navy forces other than Navy pollution control
assets, the Coast Guard representative to the NRT or the Coast Guard NRC
Duty Officer will relay requests received from the Coast Guard OSC via the
RRT to the Navy Department Duty Captain (OP-641/642) outlining the specific
circumstances of the request. Each request for such assistance will
contain the information set forth in paragraph V. A. of this Agreement.
E. For purposes of this Agreement items are to be considered under
the administrative control of the OSC from the time they are delivered for
his use, whether such delivery is made at the scene of the incident or to a
representative of the OSC at a location other than at the scene, through
the time the item is redelivered to the Navy or its representative.
F. All Coast Guard requests for salvage assistance in other Coast
Guard operations will be relayed by the appropriate Coast Guard
Headquarters authority to the Navy Department Duty Captain. The requests
shall include information similiar to that called for in V. A. of this
Agreement.
XII-F-3 Original
-------
VI. NAVY REQESTS FOR COAST GUARD ASSISTANCE;
A. Coast Guard resources will be provided, subject to their
availability, to assist Naval Activities in responding to pollution
Discharges caused by facilities or vessels under Navy jurisdiction.
Requests for such assistance shall be relayed by the Navy representative to
the NRT or to the National Response Center. Reimbursement will be made in
accordance with the guidelines established in Section VIII of this
Agreement.
B. Coast Guard resources will be provided,, subject to their
availability, to assist the Navy during salvage operations. Requests for
such assistance shall be relayed by the cognizant Navy Commander to the
Coast Guard Commander Atlantic Area (Aom) for resources located on the
Atlantic and Gulf Coasts, and to Commander Pacific Area (Pom) for resources
located on the Pacific Coast. Reimbursement will be made in accordance
with the guidelines established in Section VIII of this Agreement
C. For purposes of this Agreement items are to be considered under
the administrative control of the Navy from the time they are delivered to
the location and/or representative specified by the Navy, through the time
the item is redelivered to the Coast Guard or its representative.
VII. LOCAL ARRANGEMENTS FOR ASSISTANCE;
Coast Guard OSC's and local Naval commands, having oil spill cleanup
capabilities, are encouraged to enter into agreements for the utilization
of those capabilities to respond immediately to discharges of oil occuring
within, or in threatening proximity of, the waters of a U. S. Naval base or
facility regardless of whether the Navy is responsible for the discharge.
Wherever such agreements are reached, the Coast Gaurd will reimburse the
Navy for Navy costs incurred in undertaking such actions as per Section
VIII of this Agreement, unless it is subsequently determined that the Navy
was responsible for discharge.
VIII. REIMBURSEMENT PROCEDURES AND POLICIES;
A. The Federal On-Scene Coordinator is responsible for insuring that
proper cost documentation records are maintained.
B. Navy and Coast Guard activities providing advice and assistace are
responsbile for providing OSCs with supporting documentation for cost
accounting.
C. Navy and Coast Guard activities providing assistance in support of
the cleanup operation as requested by an OSC are entitled to reimbursement
for the following items:
XII-F-4 Original
-------
(1) Travel, per diem, and overtime coats for personnel.
(2) Rental costs, as approved by the parent agency, for
nonexpendalbe equipment provided.
(3) Replacement costs for expendable materials provided and
utilized
(4) Replacement or repair costs for nonexpendable equipment which
is damaged while under the administrative control of the OSC.
(5) Transportation costs incurred in delivering items to and from
the.scene.
(6) Incremental operating and contract costs incurred as a result
of providing assistance to OSCs.
D. Normal salary costs of government employees in positions that are
not normally intended to provide services in support of response operations
are reimbursable. Salaries of reserve personnel called on active duty
specifically to assist in a Federal response activity are reimbursable.
E. The fiscal agent for the U. S. Coast Guard will be the Comptroller
of the cognizant Coast Guard District.
F. The fiscal agent for the U. S. Navy under Section V. A. of this
Agreement will be the local activity Commanding Officer, and under V. B.
will be the Commander, Naval Sea Systems Command (NAVSEA-01), Washington,
D. C. 20362.
G. Subject to the Coast Guard's ultimate collection responsibility
for services and operations provided by the Navy under this agreement,
NAVSEA-01 or the local activity, depending on the applicability of V. A. or
V. B., shall be responsible for making collections from the Coast Guard and
shall make appropriate disbursements of transfer of funds within the
respective Navy organizations.
H. Paragraphs A through G above apply only to the reimbursement of
costs to the Navy in connection with FWPCA response actions. Paragraphs E
and F apply to all reimbursements covered by this Agreement. Normal
accounting procedures (interagency transfers) apply (1) to reimbursements
not related to FWPCA response actions, and (2) to reimbursements to the
Coast Guard for the use of their equipment and services in a FWPCA response
action conducted by the Navy.
XII-F-5 Original
-------
IX. NOTIFICATION; The terms of this Agreement, amplified as necessary to
provide detailed guidance and procedures for reimbursement, will be
promulgated to components of the Coast Guard and the Navy.
Approved: J. P. STEWART 13 AUG 1980
Chief of Staff
Approved: W. J. COWHILL 15 SEP 1980
Vice Admiral, U. S. Navy
Deputy Chief of Naval
Operations (Logistics)
XII-F-6 Original
-------
TAB G
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES GEOLOGICAL
SURVEY OF THE DEPARTMENT OF THE INTERIOR AND THE UNITED STATES
COAST GUARD OF THE DEPARTMENT OF TRANSPORTATION CONCERNING
REGULATIONS OF ACTIVITIES AND FACILITIES ON THE OUTER
CONTINENTAL SHELF OF THE UNITED STATES
I. PURPOSE;
The purpose of this Memorandum of Understanding is to promote the
safety of activities and facilities on the Outer Continental Shelf of the
United States (OCS) associated with the exploration, development, and
production of mineral resources, to avoid duplication of effort, and to
promote consistent, coordinated and less burdensome regulation of these
facilities.
II. DEFINITIONS;
For purposes of this Memorandum of Understanding, the following
definitions apply:
ACT - The Outer Continental Shelf Lands Act of 1953 U3 USC 1331 et.
seq.), as amended by the Outer Continental Shelf Lands Act Amendments of
1978 (Pub. L. 95-372)
DEEPWATER PORT - A facility licensed by the Secretary of
Transportation under the Deepwater Port Act of 197U.
VESSEL - Every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation on
the water. This term does not include atmospheric or pressure vessels used
for the containment of fluids or gases.
OUTER CONTINENTAL SHELF - The submerged lands which are subject to the
Act.
OCS ACTIVITY - Any offshore activity associated with exploration for,
development of, or production of mineral resources of the OCS.
OCS FACILITY - Any artificial island, platform, installation, or other
device, permanently or termporarily attached to the seabed or subsoil of
the OCS, and used for any OCS activity. This term does not include a
deepwater port or vessel engaged in transportation, but does include a;
1. FIXED OCS FACILITY - Any fixed, bottom-founded facility
permanently attached to the seabed or subsoil of the OCS,
including platforms, guyed towers, articulated columns,
gravity platforms and other structures;
XII-G-1 Original
-------
2. FLOATING OCS FACILITY - Any buoyant facility securely and
substantially moored to the seabed or subsoil of the OCS,
including tension leg platforms, permanently moored
semi-submersibles, ship-barge shape hulls, or other buoyant
structures. This term does not include mobile offshore
drilling units;
3. MOBILE OFFSHORE DRILLING UNIT (MODU) - Any vessel capable of
engaging in drilling operations for the exploration of
mineral resources of the OCS. This term includes mobile
offshore drilling units engaged in OCS activities that are U.
S., foreign, or not documented under the laws of any nation;
4. OCS TERMINAL - Any fixed or floating facility which is used
or intended for use primarily as a port or terminal for
tansferring produced oil, gas, or other OCS mineral resources
to or from a vessel;
5. MOBILE WELL SERVICING UNIT (MWSU) - Any vessel other than a
MODU which engages in well servicing operations on the OCS.
III. AGENCY AUTHORITIES ON THE OCS;
A. General
1. The Department of the Interior is responsible for management
of mineral leasing on the OCS of the Unites States, including coordinating
Federal Activities -related to this program. Within the Department of the
Interior, the U. S. Geological Survey regulates all mineral exploration,
drilling, and production activities on leased or leasable land.
2. The United States Coast Guard of the Department of
Transportation regulates to promote the safety of life and property on OCS
facilities and vessles engaged in OCS activities, and the safety of
navigation.
B. Statutory Authorities of the Geolocical Survey on the OCS Include:
1. Providing for the prevention of waste and the conservation of
the natural resources of the OCS, and the protection of correlative rights.
2. Requiring suspension or temporary prohibition of any
operation of any operation or activity on a lease if there is a threat of
serious or irreparable harm or damage to life, to property, to mineral
deposit or to the marine, coastal, or human environment.
3. Reviewing allegations of violations of safety regulations
issued under the Act.
4. Reviewing and approving exploration plans, development and
production plans, and applications for permits to drill necessary for
prompt and efficient exploration, development, and production of a lease
area.
XII-G-2 Original
-------
5. Reveiwing and approving applications for remedial work on
completed wells.
6. Approving rights of use and easement.
7. Inspecting drilling and production operations to ensure
compliance with applicable lease terms and Geological Survey regulations
and orders.
8. Ensuring compliance with the national ambient air quality
standards pursuant to the Clean Air Act (42 USC 7401 et. seq.) to the
extent that activities authorized under the Act significantly affect the
air quality of any State.
9. Exercising the Secretary of the Interior's responsibilities
for the assessment, compromise, and collection of civil penalties under
section 24(b) of the Act.
C. Statutory Authorities of the Coast Guard on the OCS Include:
1. Promoting the safety of life and property on OCS facilities
and adjacent waters.
2. Requiring hazardous working conditions related to activities
on the OCS be minimized.
3. Reviewing allegations of violations of occupational safety
and health regulations under the Act.
4. Administering applicable vessel navigation, safety and
inspection laws contained in Titles 46 and 33 of the United States Code.
5. Inspecting OCS facilities and vessels engaged in OCS
activities to ensure compliane with applicable Coast Guard Requirements.
D. Similar Statutory Authorities Involving Both Agencies Include:
1. Extablishing minimum requirements or standards of design,
construction, alteration, and repair for vessels, rigs, platforms, or other
vehicles or structures engaged in OCS activities.
2. Performing scheduled and unannounced inspections of OCS
facilities to assure compliance with regulations promulgated pursuant to
the Act.
3. Enforcing regulations promulgated pursuant to the Act,
including authority to utilize by agreement the services of other Federal
agencies.
XII-G-3 Original
-------
4. Investigating and making public reports on deaths, serious
injuries, fires, and oil spillage occurring as a result of OCS operations.
5. Requiring the use of the best available and safest
technologies on OCS drilling and production operations as set forth in
sections 2Kb) of the Act.
IV. RESPONSIBILITIES;
To accomplish the purposes of this memorandum both agencies agree to
observe the following guidelines with respect to overseeing OCS facility
design and consturction systems and equipment and operations.
A. Facility Design and Construction Requirements, Including Plan
Approval
1. The Geological Survey exercises technical review and approval
responsibility for design, fabrication of all floating OCS facilities by
the Coast Guard, the Geological Survey will have final approval
responsibility for the installation of such facilities. The Geological
Survey will coordinate technical and plan rev ew as necessary with the
Coast Guard to ensure that any applicable Coast Guard requirements
affecting design or construction are complied with.
The Geological Survey verifies the following for all OCS facilities:
a. Site-specific considerations, such as oceanographies,
meteorological, geological and geophysical conditions including bottom
conditions and the capability of the seabed to support or hold the position
of the facility to be installed and operated.
The Geological Survey establishes requirements and verifies the
following:
b. Structural integrity involving design, fabrication, and
installation;
c. General arrangement of drilling production and well control
systems and equipment;
d. Modification and repair related to structural integrity.
2. The Coast Guard exercises technical review and approval responsibility
for design and construct of all floating OCS facilities, and all vessels
engaged in OCS activities, including MODUs and MWSUs. The Coast Guard will
coordinate techincal and plan review as necessary with the Geological
Survey to ensure that any applicable Geological Survey requirements
affecting design or construction are complied with.
XII-G-4 Original
-------
The Coast Guard establishes requirements for the following on all OCS
facilities:
a. Structural fire protection, including specifying fire
endurance capabilities of bulkheads, decks, and escape routes, testing and
classification of materials, and requirements for ventilation systems;
b. Access, landings, and emergency escape routes.
The Coast Guard extablishes requirements for the following on floating OCS
facilities and vessels engaged in OCS activities;
c. Design, loading, fabrication and construction requirements;
d. Stability and buoyancy;
e. Modifiaction and repair requirements related to structural
integrity;
f. General arrangement;
B. Systems and Equipment
Systems approved by one agency which are interconnected to systems
approved by the other agency must be acceptable to both agencies.
1. The Geological Survey establishes requirements and verifies
compliance with those requirements for systems and equipment for drilling,
production, well control, and workover on all OCS facilities.
Systems and equipment for which the Geological Survey establishes
requirements as necessary, on all OCS facilities include:
a. Blowout preventer and other well control equipment;
b. Surface production safety systems;
c. Emergency Shutdown System (ESO), including associated gas and
fire detection systems;
d. Subsurface well-control equipment including safety valves;
e. Atmospheric pressure and fired vessels used for the
processing of production;
f. Wellhead and flow-line equipment, including valves and
sensors for wellheads, flow line, and pipelines;
g. Dehydration equipment and gas compressor units used in
production operation;
h. Hydrogen sulfide control equipment, including the hydrogen
sulfide gas detection system;
XII-G-5 Original
-------
i. Production and production-associated piping systems,
including incoming and departing pipelines;
j. Pumps used to transfer liquids within the production process
systems and into pipelines;
k. Fire Loop System which is used for detection and to initiate
platform shutdown;
1. Subsea completions;
m. Wellhead fire-prevention;
n. Gas detection systems for drilling production or gas
transmission systems or equipment;
o. Oil and gas sale and metering equipment for production from
OCS leases;
p. Containment systems for overflow from equipment associated
with drilling and production.
Other systems and equipment for which the Geological Survey is
responsible on fixed facilities include:
q. Electrical system design and equipment, including designation
of classified locations;
r. Pressure vessels and piping associated with drilling
operations;
s. Engine exhaust insulation and spark arresters.
2. The Coast Guard establishes systems and equipment requirments, as
appropriate, for propulsion machinery, auxiliary machinery and personnel
safety equipment on all OCS facilities. The Coast Guard also establishes
requirements for equipment on all OCS facilities to mitigate occupational
safety or health hazards, or ensure the seaworthiness of a MODU, MWSU,
floating OCS facility, or vessel. However, the Coast Guard will not
establish requirements for drilling production or workover equipment that
would duplicate or conflict with Geological Survey requirements. Nor will
the Coast Guard establish requirements for safety factors, shutdown or
relief valves for pressure vessels or piping in systems for which
Geological Survey has design approval.
Systems and equipment for which the Coast Guard establishes
requirements, as necessary, on all OCS facilities include:
a. Lifesaving systems and equipment;
b. Fire detection control and extinguishing systems and
equipment not covered under IV.B.l(c) and (k) of this Memorandum;
XII-G-6 Original
-------
c. General alarms;
d. Cranes, booms or other material handling equipment, including
industrial trucks;
e. Personnel proteciton equipment, excluding equipment for
protection from hydrogen sulfide;
f. Communications;
g. Helicopter fueling facilities;
h. Helicopter deck installations;
i. Navigation, lights, obstruction lights, and sound signals;
j. Boilers, pressure vessels, and piping not covered under
IV.B.I of this Memoraundum;
k. Underwater working chambers designed for human occupancy and
their support systems;
1. Hotel services including fresh water flushing water, heating
systems, etc.;
m. Permanent and portable quarters.
Other systems and equipment for which the Coast Guard establishes
requirements, as necessary on floating OCS facilities, MODUs, MWSUs and
vessels include:
n. Electrical system design and equipment, including designation
of classified areas;
o. Mooring systems;
Other systems and equipment for which the Coast Guard establishes
requirements as necessary on OCS terminals include:
p. Oil transfer, gas inerting and vapor recovery systems.
C. Operations
1. The Geological Survey administers procedures, including
training, drills, inspections, and emergency procedures on all OCS
facilities with respect to:
a. Drilling, workover and production operations, including well
control.
b. Pollution prevention, except for transfers to or from'a
vessel (as vessel is defined in section II of this Memorandum);
XII-G-7 Original
-------
c. Safe welding, burning and tapping procedures;
d. Control of hydrogen sulfide;
e. Pipeline operations associated with an OCS facility;
f. Wellhead and platform removal;
g. Underwater and above water structural inspection and repair;
2. The Coast Guard administers requirements, including those for
training drills, inspections and emergency procedures on all OCS facilities
for:
a. Firefighting;
b. Emergency egress from a facility including use of lifesaving
and other general emergency equipment;
c. Handling, transfer and stowage of explosives, radioactive,
flammable (other than produced hydorcarbons) and other hazardous materials;
d. Transfer of petroleum and other products from or to a vessel
(as vessels is defined in section II of this Memorandum);
e. Transfer of materials and personnel on or off the facility by
crane or other means;
f. Vehicle and vessel operations;
g. Helicopter operations on OCS facilities;
h. Occupational safety and health of personnel;
i. Diving operations;
j. Underwater and above water structural inspection and repair;
k. Stability considerations.
V. INSPECTIONS
A. Each agency will conduct scheduled and unannounced inspections, as
necessary to ensure compliance with its own requirements. Both agencies
will coordinate inspections to minimize disruption of operations. If, in
the course of a routine inspection, deficiencies falling within the
responsibility of the other agency are apparent, the deficiencies will be
reported to the other agency for action. This is not intended, however, to
prevent any inspector from either agency from taking such action as is
considered necessary to prevent serious or irreparable harm to persons,
property or the environment on the OCS. Such action, however, will be
subsequently reported to the other agency.
XII-G-8 Original
-------
B. The Geological Survey administers procedures for requiring
shut-down of drilling and production operations and may initiate such
procedures upon request by the Coast Guard.
C. The Coast Guard issues certificates indicating compliance with
Coast Guard requirements for all OCS facilities and vessels engaged in OCS
activities, including MODUs and MWSUs.
VI. INVESTIGATIONS
A. Responsibility
Investigation and public report by the Geological Survey or the Coast
Guard are required for fires, oil pollution, deaths and injuries associated
with OCS activities, In addition, the agencies investigate certain other
incidents relating to other regulatory responsibilities, e.g. loss of well
control, sinking, capsizing, or major damage to a vessel or facility. To
avoid duplicative efforts and simplify administration, the primary agency
regulating a particular facility, system,, or operation will be responsible
for leading the investigation and reporting on incidents involving that
facility, system or operation. Where only one agency has an investigative
interest in an incident, that agency will investigate and report. Where
both agencies have investigative interest in an incident, one agency will
assume lead responsibility with supporting participation by the other
agency. Assumption of lead agency responsibility, the extent of supporting
coordination will be determined by the circumstances of the particular
incident. Normally, all investigations which involve both agencies will be
coordinated by applying, the following guidelines in numerical order to
determine lead agency.
B. Guidelines
1. Collisions - The Coast Guard will normally be the lead
agency.
2. Fires and Explosions - The Geological Survey will normally be
the lead agency for incidents of fires or explosion involving drilling or
production operations. Coast Guard participation will be requested in all
investigations of fires or explosions that involve death or injuries or
vessels equipment, or operations for which the Coast Guard is responsible
under paragraphs IV.B.2 or C.2 of this Memorandum.
3. Deaths and Injuries - The Coast Guard will normally be the
lead agency for all incidents involving death or injuries. Geological
Survey participation will be requested in investigations of all deaths and
injuries associated with oil or gas drilling or production operations or
equipment, including hydrogen sulfide exposure.
XII-G-9 Original
-------
4. Pollution - The Geological Survey will normally by the lead
agency for incidents involving pollution from all OCS facilities. Coast
Guard participation will be requested in all investigations of pollution.
5. Facilities, Material and Equipment -
a. The Coast Guard will normally be the lead agency for
incidents involving damage to MOOUs, MWSUs or other vessels, or floating
OCS facilities, and failure of or damage to propulsion, auxiliary, or
emergency systems and equipment covered under IV.B.2 of this Memorandum.
b. The Geological Survey will normally be the lead agency
for all other incidents involving failure of or damage to fixed OCS
facilities.
C. Conduct of Investigations
1. The lead agency responsible for an investigation under these
guidelines will conduct, review, approve and release the investigation
report in accordance with the normal procedures of that agency. Comments
by the supporting agency will be included in the investigation report.
2. If both agencies participate in an investigation, the lead
agency will forward an information copy of the final report to the
supporting agency.
3. Reports prepared by a single agency need not be routinely
forwarded to the other agency, but will be available upon request.
VII. OIL SPILL CONTINGENCY PLAN
Exploration Plans or Development and Production Plans are submitted to
the Geological Survey for review and the Geological Survey for review and
approval. The Coast Guard will provide a technical review of that portion
of the Plan which addresses the adequacy of the oil spill contingency plan,
including the adequacy of oil spill response, cleanup equipment, and
procedures. The criteria by which to judge the adequacy of a plan will be
jointly agreed upon by the Geological Survey and the Coast Guard.
VIII. EXCHANGE OF SERVICES AND PERSONNEL
To the extent its own operations permit, each agency will provide the
other agency with such assistance, technical advice and support, including
transportation, as may be requested. Such exchange of services and use of
personnel shall be on a nonreimbursable basis.
IX. COOPERATION IN STANDARDS AND REGULATION DEVELOPMENT
A. Both agencies will exchange data and study results, participate in
research and development projects of mutual interest, and exchange early
drafts of rulemaking notices.
XII-G-10 Original
-------
B. Both agencies will review current standards, regulations and
orders and will propose revisions to them as necessary in keeping with the
provisions of this Memorandum of Understanding.
C. Both agencies will review reporting and data collection
requriements imposed on operators of OCS facilities and, wherever feasible,
will eliminate or minimize duplicate reporting and data collection.
X. Implementation
A. Each agency will review its internal procedures and where
appropriate, will revise them to accommodate the provisions of this
Memorandum of Understanding. Each agency will also designate one senior
official who will be responsible for implementation of the provisions of
this Memorandum of Understanding.
B. On the effective date of htis agreement, the Coast Guard/
Geological Survey Memorandum of Understanding for mobile offshore drilling
units, dated April 11, 1977, is cancelled.
XI. SAVINGS PROVISION
Nothing in this Memorandum of Understanding shall be deemed to alter,
amend, or affect in any way the statutory authority of the Geological
Survey or the Coast Guard.
XII. EFFECTIVE DATE
This Memorandum of Understanding is effective upon signature. It may
be amended at any time by mutual written agreement of both agencies and may
be terminated by either agency upon 30 days written notice.
Signed at Washington, D. C., this 18th day of December 1980.
J. B. HAYES
COMMANDANT, U. S. COAST GUARD
DEPARTMENT OF TRANSPORTATION
H. WILLIAM MENARD
DIRECTOR, U. S. GEOLOGICAL SURVEY
DEPARTMENT OF THE INTERIOR
XII-G-11 Original
-------
TAB H
AGREEMENT BETWEEN THE UNITED STATES AND THE STATE OF HAWAII
CONCERNING NOTIFICATIONS OF DISCHARGES OF OIL AND
HAZARDOUS SUBSTANCES
Whereas. the State of Hawaii and the U. S. Coast Guard have a mutual
interest in protecting the environment from the damaging effects of
pollution dishcharged into the navigable waters of the United States and
the adjoining shorelines withing their mutual jurisdictions; and
Whereas. the appropriate Federal Agency is required by the Federal Water
Pollution Control Act as amended in 1972 (P.L. 92-500) and the National Oil
and Hazardous Substances and to respond to all reports of discharges of oil
and hazarous substances into the navigable waters of the United States and
adjoining shorelines, and throughout the State of Hawaii the appropriate
Federal Agency is the U. S. Coast Guard, Fourteenth Coast Guard District,
Marine Safety Office Honolulu; and
Whereas. the Clean Water Act of 1977 as it amends the Federal Water
Pollution Control Act requires the earliest possible notice of oil and
hazardous substance discharges or potential threats of discharges to the
appropriate State Agency, and the appropriate State Agency is the State of
Hawaii, Department of Defese, Civil Defense Division, which, acting within
the Division's statutory authority, is the coordinator of emergency
response activities of State agencies;
Nowtherefore, the State of Hawaii, Department of Defense, Civil Defense
Division (hereinafter referred to as "State"), and the Fourteenth Coast
Guard District, Marine Safety Office, (hereinafter referred to as "Coast
Guard"), agree as follows:
1. The Federal On-Scene Coordinator, designated in accordance with
the NCP (hereinafter called the "OSC") is the person solely
responsible for coordinating Federal pollution control efforts.
Unless provided otherwise through the NCP, the predesignated
Federal On-Scene Coordinator for oil and hazardous substances
spills in U. S. waters in and around the State of Hawaii is the
Commanding Officer of the U. S. Coast Guard Marine Safety Office,
Honolulu, Hawaii and
2. The Coast Guard will investigate all reports of pollution or
potential pollution by spills of oil or hazardous substances in
U. S. waters in or around the State of Hawaii, unless by formal
or informal agreement any reports are otherwise investigated by
another Federal or State Agency; and
3. The Coast Guard shall notify the State of reported pollution in
accordance with the requirements of the Clean Water Act
Amendments of 1977 subject to the following:
XII-H-1 Original
-------
(a) All reported or confirmed medium or major spills or potential
medium or major spills as defined in the NCP immediately
(within one hour);
(b) All reported or confirmed minor spills which might effect
vessel traffic or densely populated beaches or otherwise be
considered significant immediately (within one hour);
(c) All reported or confimed spills being discharged or suspected
as being discharged from State sources (i.e. State pipelines)
immediately (within one hour);
(d) All other reported and confirmed minor spills not considered
otherwise significant during the next regular working day
(Monday - Friday); and
(4) The appropriate notification to the State shall be to the State
of Hawaii, Department of Defense, Civil Defense Division at
24-hour phone 734-2161 and/or by copy of Pollution Report
(POLREP) message; and
(5) The State shall notify the Coast Guard of all reported (even if
not confirmed) spills in U. S. waters immediately (within one
hour).
(6) The appropriate notification of the Coast Guard shall be to the
U. S. Coast Guard Marine Safety Office Honolulu at 24-hour phone
546-7146.
This agreement shall go into force immediately after signing by both
parties to the agreement.
BERNIE E. THOMPSON 13 AUG 1980
Rear Admiral, U. S. Coast Guard
District Commander
Fourteenth Coast Guard District
VALENTINE A. SIEFERMANN 22 AUG 1980
Adjutant General
Director of Civil Defense
XII-H-2 Original
-------
ANNEX XIII
2300 STATE CONTINGENCY PLANS
2301 General
State Contingency Plans are published separately from this document, and are
critical to coordinated Federal/State pollution response. - Information
concerning the State Contingency Plans may be obtained by writing to the
following addresses:
State of Arizona
Arizona Division of Emergency Services
5636 E. Me Dowel1 Road
Phoenix, AZ 85008
Attn: Mr. Emory G. Vickers
State of California
Office of Emergency Services
P.O. Box 9577
Sacramento, CA 95823
Attn: Mr. Gerald R. Schimke
2301.3 State of Hawaii
State of Hawaii Department of Defense, Civil Defense Division
Building 24 Fort Ruger
Honolulu, Hawaii 96816
State of Nevada
Nevada Civil. Defense & Disaster Agency
2525 South Carson
Carson, Nevada 89710
Attn: Mr. Louis F. Murphy
XIII-1 Original
-------
ANNEX XIV
2400 MULTI-NATIONAL CONTINGENCY PLANS
TAB A - United States-Mexico joint contingency plan for spills of hydrocarbons
and other hazardous substance.
XIV-1 Original
-------
TAB A
UNITED STATES-MEXICO
JOINT CONTINGENCY PLAN
For Spills of Hydrocarbons and
Other Hazardous Substances
24 July 1980
AGREEMENT OF COOPERATION BETWEEN THE UNITIED STATES
OF AMERICA AND THE UNITED MEXICAN STATES REGARDING
POLLUTION OF THE MARINE ENVIRONMENT BY DISCHARGES
OF HYDROCARBONS AND OTHER HAZARDOUS SUBSTANCES
The Government of the United States of America and the Government of the United
Mexican States,
Aware of the importance of preserving the marine environment and conserving the
living organisms which inhabit it,
Recognizing that the pollution of the marine environment by hydrocarbons or
other hazardous substances causes or may cause damage to the ecological
conditions of the sea by affecting the natural resources therein and may
constitute a threat to the public health and welfare,
Have agreed to the following:
ARTICLE I
The parties agree to establish a United States-Mexico joint contingency plan
regarding pollution of the marine environment by discharges of hydrocarbons and
other hazardous substances (here-after, "the Plan"), with the object of
developing measures to deal with such polluting incidents and ensuring an
adequate response in each case that may affect in a significant manner the
areas set forth in Article VII.
ARTICLE II
For the purpose of this Agreement:
(a) A polluting incident means a discharge or the threat of an imminent
discharge of hydrocarbons or of any hazardous substance in the sea, of a
magnitude or significance that requires an immediate response in order to
contain, recover or destroy the substance for the purpose of eliminating the
threat or of minimizing its effects on the marine flora and fauna and on the
public health and welfare.
XIV-A-1 Original
-------
(b) Hydrocarbons means petroleum in all its forms, including crude oil, fuel
oil, sludge, oil wastes, and refined products.
(c) Hazardous substances means elements and compounds which when discharged
into the marine environment present an imminent and substantial danger to the
public health or welfare, or which may affect natural resources, including,
among others, fish, shellfish, wildlife, shorelines and beaches.
ARTICLE III
The parties, consistent with their means, commit themselves to the development
of nationally operative systems, applicable within their respective areas, as
set forth in Article VII, that permit detection of the existence or the
imminent possibility of the occurrence of polluting incidents, as well as
providing adequate means within their power to eliminate the threat posed by
such incidents and to minimize the adverse effects to the marine environment
and the public health and welfare.
ARTICLE IV
The parties will cooperate, in accordance with this Agreement, including its
Annexes, to avoid and combat the adverse effects on the marine environment of
polluting incidents, the Parties undertake to exchange up-to-date information
and consult to guarantee adequate cooperation between the competent authorities.
of each Party, with regard to matters falling within the scope of this
Agreement, including its Annexes.
ARTICLE V
The coordination of the plan, with respect to the United States of America, is
the primary responsibility of the United States Coast Guard and the United
States National Response Team; with respect to the United Mexican States, the
Secretariat of the Navy and of another agency or agencies of the Mexican
Government, depending upon the nature of the polluting incident. The agencies
of both Governments that will, when concerned, assist the coordinating
authorities in their duties are enumerated in an Annex to this Agreement.
ARTICLE VI
In the case of the occurrence of a polluting incident, only the coordinating
authorities of the Party in whose area, as set forth in Article VII, the
incident or its effects occurred will have executive power under the Plan
within its area. The coordinating authorities will recommend to their
respective Governments the measures necessary to control the polluting
incident.
XIV-A-2 Original
-------
ARTICLE VII
This Agreement and its Annexes shall be applicable in accordance with its terms
to polluting incidents which may affect the marine environment of one or both
Parties. For purposes of this Agreement, the marine environment of a Party is
the area of the sea, including the adjoining shoreline, on its side of the
maritime boundaries established with the other Party and other States and
within 200 nautical miles of the baselines from which the breadth of its *
territorial sea is measured.
ARTICLE VIII
The joint response envisaged by this Agreement can only be applied when the
Parties agree. The Parties will determine in the same manner the magnitude of
the response action required by each polluting incident.
ARTICLE IX
None of the provisions of the present Agreement shall be interpreted as
affecting the rights and obligations of the Parties under the treaties to which
they are party and their respective positions with regard to the law of the
Sea.
ARTICLE X
By agreement of the Parties, technical Annexes that they consider necessary
will be added to this Agreement and shall form an intergral part thereof.
Those Annexes, including those existing on the date of signature of this
Agreement, will have as their purpose the development of cooperative mechanisms
envisaged in this Agreement.
ARTICLE XI
(1) The present agreement will be applied provisionally from the date of
signature. This Agreement shall enter into force upon exchange of notes
informing each Party that the other Party has completed its necessary internal
procedures. Amendments to this Agreement shall.enter into force in the same
manner.
(2) Ammendments to the Annexes and adoption of new Annexes shall be effected by
exchange of notes.
XIV-A-3 Original
-------
(3) This Agreement shall remain in force for five years and shall continue in
force thereafter until one Party notifies the other, in writing, six months in
advance, of its intention to terminate the Agreement.
Done in Mexico City on the 24th of July 1980, in duplicate, in the English and
Spanish languages, both texts being equally authentic.
For the For the
United States of America United Mexican States
Julian Nava Jorge Castaneda
XIV-A-4 Original
-------
ANNEX I
1. On-Scene Coordinator
1.1 As soon as the Agreement enters into force the Parties will designate,
without waiting for an incident to occur, federal officials responsible for
exercising in.their respective areas the authority to which Article VI of the
Agreement refers. Said officials will have the title of "On-Scene
Coordinator" (OSC). The Parties will also designate officials wuo will have
advisory and liaison functions between the Parties, in the areas of the other
Party; said officials will have the title of "On-Scene Advisory and Liaison
Coordinator" (ALC).
1.2 The functions and responsibilities of the "On-Scene Coordinator" will
be:
a. To coordinate and direct matters related to the detection and response
operations to the incident.
b. To authorize the use of dispersants and other chemical products in
accordance with respective national policy, provided that such use:
(i) prevents or substantially reduces the risk to human life and health
or the risk of fire;
(ii) prevents or reduces a threat for an important segment of the
population of a vulnerable species of aquatic bird, or
(iii) appears to be the most efficient method to reduce the overall
adverse effects of a spill.
c. To determine the facts including: the nature, quantity and location of
the pollutant, the direction and probable time of travel of same, the available
resources and those required; and to obtain the necessary information to
determine potential impacts on human health and welfare, and on natural
resources including fish and wildlife and their habitats, and the areas which
could be adversely affected;
d. To determine priorities and to decide when to initiate the phases
described in Annex IV;
e. To permanently and in a detailed way inform the Joint Response Team
(JRT) (see Annex II) about all aspects of the incident and of the response
operation;
f. To recommend to the Chairman of the JRT of his country that he formally
propose to the Chairman of the JRT of the other Party the initiation of the
joint responses envisaged in Article VIII, for a specific pollution incident;
g. To decide on the termination of response action;
XIV-A-5 Original
-------
h. To prepare with the advice of the ALC a final report and
recommendations for future incidents, in view of the experience obtained. Said
report and recommendations shall be submitted to the JRT;
i. .To coordinate, in consultation with the JRT, the official information
to the information media.
1.3 If the response action is required in areas of the two Parties, the
OSC's of both Parties will coordinate the measures to be adopted through the
collaboration of both ALCs.
1.4 The OSC will notify by the most rapid means the two Chairman of the JRT
about every polluting incident which has occurred, or which is in imminent
danger of occurring, which could have adverse effects in the marine environment
of both Parties, or which is of such magnitude as in the Judgment of the OSC
would require the initiation of the joint response envisaged in Article VIII to
the Agreement. This notification does not constitute a formal proposal for the
initiation of the joint response. The authorities so notified will immediately
acknowledge receipt and meet for the purpose of consultation.
1.5 The OSC will keep a journal of the events which occur during the
application of the Plan to an incident; said journal will be placed at the
disposal of the JRT.
1.6 The Parties will unilaterally divide their respective areas for
purposes of the designation of an OSC and of a Joint Response Center (see Annex
III) for each of those divisions.
1.7 In accordance with respective national legislation, upon initiation of
a joint response special customs and immigration clearances will be sought by
each Party for response resources including personnel and equipment. Prior
arrangements will be sought by each Party to ensure that the clearance process
can be accomplished in a timely manner and that it can be initiated by a
communication between the ALC and the OSC as appropriate.
ANNEX II
2. Joint Response Team (JRT)
2.1 The Parties will designate, under the responsibility of the authorities
mentioned in Article V of the Agreement, authorities and other persons who will
constitute the JRT. That designation will be made as soon as the Agreement
enters into force, without waiting for an incident to occur, and communicated
to the other Party for the information of the authorities mentioned in Annex
VI.
2.2 The United States authorities mentioned in Article V of the Agreement
will designate the U. S. Chairman of the JRT. The Mexican authorities
mentioned in Article V of the Agreement will designate the Mexican Chairman of
the JRT.
XIV-A-6 Original
-------
2.3 When the JRT meets in the United States of America, the U. S. Chairman
will preside. When the JRT meets in Mexico, the Mexican Chairman will preside.
2.4 Upon being informed of a specific polluting incident the two Chairmen
of the JRT shall consult and may decide to formally propose to their
Governments the initiation of the joint response envisaged in Article VIII.
Agreement to initiate the joint response shall be communicated through
diplomatic channels.
2.5 As soon as the U. S. and Mexican sections of the JRT are designated,
the Chairmen will communicate and decide the place and date for the first
meeting of the JRT to develop procedures to anticipate matters relative to a
coordinated response to the eventual polluting incidents by all the competent
agencies and persons. The JRT will meet as many times as necessary, both in
periodic planning meetings and in emergency meetings, as decided by the
Chairman.
2.6 The functions and responsibilities of the JRT will be the following:
a. Based on the report of the OSC, advise him about the response needs and
inform him about available resources for each particular situation.
b. Evaluate the measures taken by the OSC and make recommendations in this
regard, once the agreement for the initiation of the joint response to a.
specific polluting incident is perfected.
c. Consider the reports of the OSC and recommend improvements needed in
the Plan through proposed amendments to existing Annexes or for new Annexes.
•
d.- Based on the reports of the OSC, to identify the possible impacts of a
specific polluting incident and therefore to recommend the necessary actions to
assess the adverse effects of such incident.
e. Provide advice to the OSC. The JRT will have no control over the
functions and responsibilities of the OSC.
f. Take measures to coordinate and use to the maximum the resources which
agencies or persons of the United States of America, Mexico, or of a third
country can contribute.
In order for the JRT to make decisions, the agreement of the Chairman is
required.
ANNEX III
3. . Joint Response Centers
3-1 As soon as the Agreement enters into force, and without waiting for an
incident to occur, the Authorities mentioned in Article V will designate Joint
Response Centers, perferably utilizing already existing installations, destined
to serve as headquarters for the meetings of the JRT, unless the Chairman of
the JRT decides to convoke the JRT in another place, in view of the
circumstances.
XIV-A-7 Original
-------
ANNEX IV
4. Operational Phases.
Phase I. Discovery, notification and alarm.
Phase II. Evaluation of the incident, consultations
and agreement on joint response.
Phase III. Containment and measures against the spread
of the pollutant.
Phase IV. Cleanup and recovery-
PHASE I Discovery, notification and alarm
A pollution incident may be discovered and notification made; as a result of
the regular surveillance activities of the national anti-polltuion forces; by
the local and regional authorities; by the general public; or as a result of
reporting by the persons who caused the incident.
If there is an indication of a threat to the marine environment of the other
Party, a speedy notification shall be given to the other Party in accordance
with the procedures established in the Annexes.
PHASE II Evaluation of the incident, consultations and agreement on joint •
response
Evaluation of the incident, consultation and agreement on joint response will
be made in conformity with the Agreement and its Annexes.
The level of anti-pollution response required will be determined by severity of
the incident, the nature and quantity of the pollutant and the location of the
specific polluting incident.
PHASE III Containment and measures against the spread of the pollutant
The containment is whatever physical or chemical measures are adopted to
control or restrict the spread of a pollutant; the measures against the spread
of the pollutant are those activities, different from containment, which are
adopted to reduce the adverse impact of the pollutant.
PHASE IV Cleanup and recovery
The cleanup and recovery of pollutants are operations intended to reduce the
effect of an incident to the minimum and include the elimination of the
.pollutant from the marine environment.
The pollutants which are recovered as a result of cleanup actions should be
disposed of in conformity with the national procedures of the place where they
are found.
XIV-A-8 Original
-------
ANNEX V
5. Response and Communication
5.1 System of Rapid Notification
The existence of any polluting incident which is affecting or threatens the
other Party will be communicated, without delay, to the appropriate OSC, and if
deemed necessary to the Chairman of the JRT, of that Party. A prompt reaction
is vital to achieve satisfactory results from an operation. Examples of
various message formats are enumerated within this Annex. Each message should
be identified with a Date-Time Group (DTG) in Greenwich Mean Time. The first
two digits of the DTG represent the day of the month; the second two digits,
hours; and final two digits, minutes.
5.2 Even though some type of evaluation is necessary to make a decision
with respect to whether or not to initiate a joint response, it is essential
that a notification be given indicating that a joint response may be
necessary. This notification by itself will not require a joint response.
Nevertheless, it will permit the alerting of the Parties to the possibility of
a joint response, the message of notification is specified in the following
format:
FORMAT
DATE (DTG)
FROM (EM)
TO (TO)
INFORMATION (INFO)
MEXUS SPILL (OR POTENTIAL SPILL) (Identify the Incident)
1. Geographic situation
2. Any other details
3- Request for acknowledgement of receipt
NOTE: The message normally will come from a pre-desginated On-Scene
Coordinator (OSC). The addressees should acknowledge receipt as soon as
possible.
5.3 Initiation of a Joint Response
A proposal for a joint response will only be made by a formal request. If both
Chairmen of the JRT agree to propose to their Governments the initiation of a
joint response the United States Chairman shall report the recommendation thus
agreed to the United States Department of State and the Mexican Chairman shall
report the same recommendation to the Mexican Secretariat of Foreign
Relations. The message should be in the following format:
XIV-A-9 Original
-------
FORMAT
DATE (DTG)
FROM (FM)
TO (TO)
THE CHAIRMEN OF THE JRT PROPOSE INITIATION OF JOINT RESPONSE OSC
(Name of responsible person)
:CENTER ESTABLISHED AT (Location of Center) (Address and telephone numbers)
The message should also contain the information outlined in paragraph 5.2 of
this Annex.
5.4 Situation Reports (SITREPS)
5.4.1 Up-to-date information on ;the situation of a polluting incident which
has justified the joint response activity is essential for1 the efficient
administration and the satisfactory outcome of an incident. This information
should be sent by the On-Scene Coordinator in the format specified below. The
situation reports (SITREPS) should be prepared with the frequency believed
necessary with the objective of providing all interested authorities with a
complete and up-to-date description of the problem and of informing them about
what action has been taken, future plans, recommendations and requests for
assistance.
5.4.2 The normal format of the message will be the following:
FORMAT
DATE (DTG)
FROM (FM)
TO (TO)
»
INFORMATION (INFO)
MEXUS SITREP (Number of SITREP)
POLLUTION INCIDENT (Identify the incident)
1. Situation
2. Action taken
3. Future plans
4. Recommendations
5. Status of case: (Pends, Closed or Participation terminated)
XIV-A-10 Original
-------
5.4.3 SITUATION
The section on situation should provide complete details on the polluting
incident including what happened, the type and quantity of pollutant involved,
the participating agencies, the areas covered and/or threatened the success of
the control efforts, the prognosis and any other pertinent data.
5.4.4 ACTION TAKEN
The action section should include a summary of all actions taken up to the
present by the discharger, local forces, governmental and non-governmental
agencies.
5.4.5 FUTURE PLANS
The section on future plans should include all actions projected for the
immediate future.
5.4.6 RECOMMENDATIONS
Any recommendations made by the On-Scene Coordinator (OSC) relative to the
response shall be included in the recommendations section. This would include
requests for assistance if necessary.
5.4.7 STATUS OF CASE
The section on status should indicate "Case Closed", "Case Pends", or
Participation Terminated", according to which is pertinent.
5.5 TERMINATION
5.5.1 A recommendation to terminate the joint response to a particular
incident will be made after consultations between the On-Scene Coordinator
(OSC) and the On-Scene Advisory and Liaison Coordinator (ALC) and will then be
forwarded to the Joint Response Team (JRT). Following consultations, the
Chairmen of the JRT" may by joint decision or unilaterally terminate the joint
response and will so advise the OSC(s), the ALC(s), the JRT, the United States
Department of State and the Mexican Secretariat of Foreign Relations. The
notification shall include date and time (in GMT) of the termination.
5.5.2 Normal format for the Termination Message:
FORMAT
DATE (DTG)
FROM (FM)
TO (TO)
INFORMATION (INFO)
JOINT MEXUS CONTINGENCY PLAN TERMINATED AT (GMT)
XIV-A-11 Original
-------
5.6 INCIDENT REPORTS
The reports of the OSC to the JRT, to which clauses (e) and (h) of paragraph
1.2 of Annex I refer will have the following format:
a. Description of the cause and initial situation
b. Organization of response action and resources committed
c. Effectiveness of response and removal actions by:
- the discharger
- State and local forces
- Federal agencies and special teams
d. Unique problems encountered
e. Means to prevent reoccurrence
- Improvement of response actions
- Changes to the joint plan
ANNEX VI
6. Coordinating and auxiliary agencies to which Article V refers
6.1 For the Government of the United States of America
Department of Transportation
United States Coast Guard (USCG)
Department of Interior
Department of Commerce
Department of Defense
Environmental Protection Agency (EPA)
Department of Agriculture
Department of Health and Human Services
Department of Justice
Department of State
XIV-A-12 Original
-------
Department of Energy
Department of Labor
Federal Emergency Management Agency
6.2 For the Government of the United Mexican States
Coordinating Authority;
Secretariat of the Navy
Auxiliary Agencies:
a. Secretariat of Government
b. Secretariat of Foreign Relations
c. Secretariat of Agriculture and Hydraulic Resources
d. Secretariat of Programming and Budget
e. Secretariat of Communications and Transport
f. Secretariat of Human Settlements and Public Works
g. Secretariat of Health and Assistance
h. Secretariat of Patrimony and Industrial Development
i. Department of Fisheries
j. Petroleos Mexicanos (PEMEX)
XIV-A-13 Original
-------
ANNEX XV
2500 REGIONAL DATA BASE
2501 General
The Regional Data Base for Region IX is divided geographically by the On-Scene
Coordinator areas, with each section of the Data Base published in the
appropriate Local Contingency Plan.
XV-1 Original
-------
ANNEX XVI
2600 LOCAL CONTINGENCY PLANS'
2601 General
OSC Area Plans will be prepared by the predesignated OSC's outlined in section
1430 of the Plan, for their areas of responsibility utilizing the suggested
organization and content in the NCP.
The Local Contingency Plans will consist of a basic planning document outlining
response organization, policy and responsibility. The Plan will include
detailed procedures for the five response phases, check-offs for operational
responsibilities, coordinating and updating instructions.
Appended to the Local Contingency Plan will be regionalized geographic and
assistance directories. The Geographic Directory will contain a geographic
listing of potential pollution sources, natural features susceptible to
environmental damage and water intakes plotted on local area maps. The
Assistance Directory will inventory sources of material, manpower and technical
assistance and organize them according to type of assistance. All entries will
be detailed on data sheets. A physical resource matrix located in the
Assistance Directory will grid, list and index major categories of physcial
resources, and the likely supplier. They should also include names of people
with indepth local knowledge of terrain, water flows, current, tidal & wind
effects, etc,.
Although it is the responsibility of the OSC to accomplish the required
planning, a successful planning effort can only be realized through full
cooperation and participation of all agency representatives in the planning
effort, including the development of a local response structure. The RRT must
therefore assist in these efforts by ensuring that proper liaison is provided
between local representatives of RRT orgainzations and the OSC responsible for
plan development.
2602 Local Contingency Plan Services
Information concerning a Local Contingency Plan for Region IX is available from
the appropriate address listed below.
2602.1 Santa Barbara Area Local Contingency Plan
Contact: Commanding Officer
Marine Safety Office LA/LB
165 North Pico Ave
Long Beach, CA 90802
XVI-1 Original
-------
2602.2 Los Angeles/Long Beach Area Local Contingency Plan
Contact: Commanding Officer
Marine Safety Office
Los Angeles/Long Beach
165 N. Pico Ave.
Long Beach, CA 90802
San Diego Area Local Contingency Plan
Contact: Commanding Officer
Marine Safty Office San Diego
2710 Harbor Drive
San Diego, CA 92101
2602.4 San Francisco Area Local Contingency Plan (Including Humboldt Bay
and Monterey)
Contact: Commanding Officer
Marine Safety Office San Francisco
0. S. Coast Guard
Government Island, Building 14
Alameda, CA 94501
Hawaii Local Contingency Plan
Contact: Commanding Officer
U. S. Coast Guard Marine Safety Office Honolulu
P. 0. Box 3160
Honolulu, HI 96802
2602.6 Nevada, Arizona, Inland California Local Contingency Plan
Contact: Director, Toxic and Waste Management Division
- EPA Region IX
215 Fremont Street
San Francisco, CA 94105
XVI-2 Original
-------
ANNEX XVII
2700 TRAINING AND DRILLS
2701 General
Under the NCP, each RRT is required to evaluate the preparedness of the
agencies and the effectiveness of local plans for the Federal response to
discharges and releases. To accomplish this each coastal RRT will conduct
annual training exercises in which response equipment is actually deployed.
The intent is for the exercise to use all existing capabilities in the local
port area. The RRT will cooperate to the fullest extent possible in the field
exercises of its member agencies. Inland RRTs are strongly encouraged to
conduct an annual training drill in which equipment is deployed.
2702 Planning
It shall be the responsibility of the coastal RRT Chairman to organize the
exercise and provide a drill scenario which adequately utilizes the resources
available in the local area. All funding required will be requested through
the normal budgetary process.
XVII-1 Original
-------
ANNEX XVIII
2800 DISPOSAL
2800 General
Considerations for proper disposal of recovered waste must begin during the
initial stages of discovery and containment of a pollution incident. This will
allow sufficent time for the OSC to identify the most effective method of
disposal which will not further damage the environment. The primary
consideration should be toward permanent disposal of the collected wastes at a
disposal facility licensed to handle the particular pollutants. However, in
situations where a pollution incident may be isolated from proper disposal
facilities or the volume of pollutant is too large to preclude timely permanent
disposal, alternate means of temporary storage may be required, (ie., Drums,
waste tanks, artificial impoundments, etc.)
2801 Resource Conservation Recovery Act (RCRA)
The Resource Conservation and Recovery Act of 1976, amended the Solid Waste
Disposal Act (42 USC Chapter 82), to provide incentives to recycling of
hazardous waste and prohibit its indiscriminate disposal. The implementing
regulations in 40 CFR 260-265 and 122-125 were promulgated by the Environmental
Protection Agency and went into effect on 19 November 1980. In the process of
cleaning up spills of hazardous substances and certain oil, the recovered
pollutant becomes hazardous waste, subject to RCRA regulations. If the spiller
is known and accepts responsibility for cleanup, he is a "generator" of
hazardous waste and has specific obligations as such. If the cleanup is
Federally funded, the On-Scene Coordinator (OSC) becomes the "generator" and
must fulfill the RCRA obligations. (See 2801.1 for emergency waivers)
2801.1 The OSC is authorized to temporarily waive RCRA requirements during
an emergency removal operation that he is monitoring or conducting. Once the
emergency phase has. been concluded (As determined by the OSC) all RCRA
requirements apply.
2802 Identifiying Hazardous Waste
Title 40 CFR Part 261 contains the definition and listing of hazardous wastes
regulated under RCRA. Extensive lists of chemical compounds by name are
included and are growing with each revision. Particular attention should be
paid to Title 40 CFR 261.3. this section contains specific definitions of
hazardous waste which may include mixtures of waste with one or more hazardous
wastes and in some cases waste generated from the treatment, storage or
disposal of a hazardous waste. The specific waste that you are dealing with
may not be listed in Title 40 CFR 261 and still be hazardous. In addition to
the listed wastes, any discarded material is a hazardous waste if it in fact
exhibits any of the characteristics described in 40 CFR 261.20 through 261.24.
XVIII-1 Original
-------
2802.1 The waste exhibits the characteristic of ignitability if it has a
flash point less than 140 degrees F, closed cup, or if it is subject to
spontaneous combustion or violent burning (such as phosphorus or magnesium).
Closed cup flash points for many pollutants are shown in block 6 of the
appropriate page in CHRIS Manual-Hazardous Chemical Data (COMDTINST
M-16465-12). Flammable compressed gasses and oxidizers as defined in the
Dangerous Cargo Regulations (Title 49 CFR 173) are also hazardous waste if they
are discarded.
28Q2.2' The waste exhibits the characteristic of corrosivity if it has a pH
less than or equal to 2, or greater than or equal to 12.5 or if it is capable
of eating through 1/4 inch of steel in one year.
2802.3 The waste exhibits the characteristic of reactivity if it is
unstable, water-reactive, becomes explosive or releases toxic fumes when mixed
with water or a corrosive, is capable of detonation, or is an explosive under
the Dangerous Cargo Regulations. Reactivity data is shown in block 7 of CHRIS
Manual 2.
2802.4 The waste exhibits the characteristic of Extraction Procedure
toxicity if it contains any of the 14 contaminants listed in 40 CFR 261.24 in
specified concentrations. This list of contaminants is expected to grow.
2803 Compliance with RCRA Regulations
40 CFR, part 262 contains the standards applicable to generators of hazardous
waste. These standards apply fully to the person cleaning up a spill,
including the Federal On-Scene Coordinator where the spiller is unknown.
2803.1 Any person who generates-a waste must determine if the waste is
hazardous using the criteria in part 261. The OSC must therefore identify any
pollutant to the extent necessary to determine its characteristics, or test the
waste for each characteristic.
2803.2 A generator of hazardous waste must notify the EPA on EPA Form
8700-12 the first time he begins generating hazardous waste. He will be issued
an EPA Identification Number which he must have in order to treat, store,
transport, or dispose of the listed waste. If the person finds himself
generating other hazardous wastes, he must make another one-time notification
to EPA but will continue to use the same ID Number. If a single generator
produces waste at more than one location, a separate notification and ID Number
are required for each "non-contiguous facility". This has been interpreted by
EPA to mean that the OSC must obtain a seperate EPA ID Number for each spill
site where he conducts a Federally funded cleanup. The OSC may obtain a
provisional ID number by contacting the EPA Duty OSC (24-Hr 415-974-8131;
FTS 454-813D. Cleanup Contractors may also request and be issued a provisional
ID number by the EPA Duty OSC when necessary to transport or dispose of
hazardous wastes during non-working hours. Requests for provisional ID numbers
during normal working hours (other than OSC's) should be submitted to the EPA
Technical Assessment Section, 415-974-7472, except when transportation or
disposal in the state of California is involved. In such cases requests will be
submitted to the California Department of Health Services, attn: Anita Follett,
916-324-1781. The ID number will be entered on the California waste hauler
record (section 2804).
XVIII-2 Original
-------
2803*3 The generator must not use a transporter to move the hazardous waste
off-site unless that transporter also has an EPA ID Number (unless 263«30(b)
applies). The generator may not send the waste to a treatment, storage, or
disposal facility unless that facility has a Permit or Interim Status, again
evidenced by an EPA ID Number. The choice of the facility is the generator's
responsibility and may not be left up to a contractor.
2803.4 The generator must prepare a hazardous waste manifest, analogous to
the "shipping paper" required by the Dangerous Cargo Regulations. Annex XVIII
TAB A is a sample form which will satisfy the requirements when up to 3
transporters handle the shipment enrbute to the disposal facility. Enough
copies must be prepared so that the original can accompany the shipment and be
returned as a receipt, the generator can have a file copy to keep in the
meantime, and the disposal faciltiy and each transporter can keep a file copy.
The generator must sign the manifest under a statement certifying the shipment
is proper. This statement is identical to that required by the Dangerous Cargo
Regulations, with the addition of the words "and the EPA".
2803.5 The shipment of hazardous waste may be packaged or shipped in bulk.
In either case, it must be shipped in accordance with the Dangerous Cargo
Regulations in Title 49f CFR including specification packaging, marking,
labeling, and placarding. In addition, the following marking must appear on
each package:
HAZARDOUS WASTE—FEDERAL Law Prohibits Improper Disposal.
If found, contact the nearest police or public safety
authority or the U. S. Environmental Protection Agency.
Generator's Name and Address (
Manifest Document Number
2803.6 Each transporter and the disposal facility signs a copy of the
manifest which remains with the previous custodian of the waste, to facilitate
tracing of the shipment. The generator must begin action to trace the shipment
immediately if he does not receive a signed manifest by return mail from the
disposal facility within 35 days. If the shipment is not acknowledged with 45
days (i.e., if the efforts to trace the shipment are not successful within 10
days), the generator must make a letter report to the EPA Regional Office
stating the circumstances, outlining the efforts to trace the shipment and any
results, and enclosing a legible copy of the manifest.
2803.7 The generator must retain signed copies of manifests, exception
reports, and test/analysis results for at least 3 years. Instructions for or
exemption from annual reporting requirements will be included in the
notification package provided by EPA after the issuance of a provisional
number.
2803.8 The remaining parts of 40 CFR contain corresponding responsibility
of transporters (Part 263) and facilities (Parts 264 and 265) and permit
procedures (Parts 122-125). Complete familiarity on the part of OSC's is not
considered necessary.
XVIII-3 Original
-------
2804 State of California Requirements
Each load of waste leaving the spill site must be accompanied by a California
waste hauler record. It is the responsibility of the hauler to provide this
form. In cooperation with the State of California the OSC will ensure it is
filled out for each load. The OSC will also advise the hauler that a properly
completed waste hauler record is needed before hauling invoices will be paid.
It is the intent of these requirements to document the pollutant from the time
of collection, through transportation to a disposal site, and ultimately ensure
its final proper disposal.
2804.1 Hazardous waste oil and oily debris must be disposed of in a class I
or II authorized (licensed) dumpsite willing to except the waste. On a case by
case basis the California Regional Water Quality Control Board (RWQCB) may
agree to establishing an emergency class I or II disposal site closer to the
spill area, rather than utilizing existing available sites. A listing of
Regional Water Qualitiy Control Boards is on Page IV 12.
2804.2 The waste hauler and disposal industry is regulated by the RWQCBs
and the State Department of Public Health. Disposal sites are certified by the
appropriate regional board for the area in question (See page IV-12 for
regional boards) and permitted and inspected by the Department of Health.
2805 Arizona Hazardous Waste Requirements
(to be developed)
2806 Nevada Hazardous Waste Requirements
(to be developed)
Reserved
Disposal Sites
A listing of disposal sites is included in TAB B of Annex XVIII. This list may
be accessed through the U. S. Coast Guard spill cleanup equipment inventory
system (SKIM). SKIM is a computerized data base containing information on
cleanup contractors, spill cleanup cooperatives, equipment, and disposal
facilities. This data base shall be maintained and updated by Coast Guard OSCs
via SKIM terminals. The Coast Guard OSC is responsible to provide accurate up
to date information to SKIM and provide this information to other OSCs or the
RRT on an as needed .basis. Requests for, or imputs to the SKIM system, may be
made through the RRT Chairman by those not having SKIM terminals..
XVIII-4 Original
-------
2809 OSC Actions
2809*1 Obtain, and maintain in an up-to-date condition, a copy of 40 CFR
Parts 260-265 and Parts 122-125.
2809-2 For contingency planning purposes, survey local transporters and
disposal sites to determine which ones have EPA I. D. Numbers, and in the case
of facilitiesi Permits or Interim Status. Such facilities, and transporters,
along with testing laboratories available to identify hazardous wastes, should
be incorporated in the local contingency plan data base.
2809.3 Encourage any known spiller to accept responsibility for recovery
and disposal of his own pollutant.
2809.U If a Federally funded cleanup must be undertaken, make every effort
to identify the pollutant and determine from its identity whether or not it is
regulated under RCRA.
2809.5 If the identity of the pollutant is unknown, have a representative
sample tested for the four characteristics of a hazardous waste.
XVIII-5 Original
-------
ANNEX XVIII TAB A
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
RCRA MANIFEST
Document Number:
Generator
Address
Telephone
EPA I.D. Number
Ship to
Address
EPA I.D. Number
Alternate
Address
EPA I.D. Number
Shipping Name Class
Transporter (1)
Address
EPA I.D. Number
Transporter (2)
Address
EPA I.D. Number
Transporter (3)
Address
EPA I.D. Number
Quantity Type Container Number •
This is to certify that the above named
materials are properly classified, des-
cribed, packaged, marked, and labeled
and are in proper condition for trans-
portation according to the applicable
regulations of the Department of Trans-
portation and the EPA.
signed
Shipment received:
Transporter (1)
Transporter (2)
Transporter (3)
Disposal Faciltiy
XVIII-A-1
Original
-------
TAB B
CLASS JCSIT3S IN REGION IX 4/81
California
1. IT - Bcnecia
EPA ID*: CAD057786749
Office: IT Environmental Corporation of Soiano County
4575 Pacheco Boulevard
Martinez/ CA 94553
Telephone No. : (415) 2-23-5100
Contact: Mark Posson, Environmental Specialist
•Hours: 0 am - 4:30 pm, Monday thru Friday
Disposal Site Location: Approx. 3 miles "NS of Benicia, off
Lake Herman Road/ 1 mile from
intersection with Highway 21
Service Area: Northern California
Materials accepted: Liquids and sludges only.
RWQCB Contact: Will Bruhns (415) 464-0903
2. IT - Martinez
EPA IDS: CAD000094711
Office: IT Environmental Corporation of Contra Costa County
4575 Pacheco Boulevard
Martinez, CA 94553
Telephone No.: (415) 228-5100
Contact: Mark Posson, Environmental Specialist
Hours: 24 hours, 7 days a week
Disposal Site Location: 2 miles E of Martinez, at the end
of Arthur Road, 1 1/2 miles NE of
intersection with Pacheco Boulevard
Service Area: Northern California
t
Materials accepted: Limited liquids and sludges, no pesticides
or herbicides
RWQCB Contact: Will Sruhns (415) 464-0903
Original
-------
West Contra Costa Sanitary Landfill
EPA ID*: CAD041344002
Office: Richmond Sanitary Service
205 - 41st Street
Richmond, CA 94805
Telephone No.: (415) 236-8000
Contact: Ceasar Nuti
Hours: Office: 8 am - 5 pmf Monday thru Friday
Site: 8 am - 4:30 pm, 7 days a week
Disposal Site Location: NW edge of Richmond, W .of Garden
Tract Road, foot of Parr Boulevard
Service Area: Northern California
Materials accepted: Liquids, sludges, and solid wastes
RKQCB Contact: Will Bruhns (415) 464-0303
Big Elua-Hills Disposal Site
EPA ID*: CAT080010806
•
Office: Fresno County Department of Public Works
4493 East Kings Canyon Road
Fresno, CA 93702
Telephone No.: (209) 453-3805
Contact: Walter Clark
Disposal Site Location: 13 miles N of Coalinga, 1 mile W
of Highway 33, 2 miles N of
intersection of Highway 33 and Five
Points Road
Service Area: Fresno County and outside counties
Materials accepted: Only agricultural pesticides and their
containers
OPEN ONLY TWICE A YEAR: LAST 2 WEEKS IN APRIL & LAST 2
WEEKS IN OCTOBER
RWQCB Contact: Larry Batty (209) 445-5116
Original
XVIII-B-2
-------
Liquid Waste Disposal's Kettleman Hills Site
EPA ID'S: CAT00646125
Office: Environmental Disposal Service
430 West Elm
Coalinga, CA 93210
Telephone No.: (209) 935-2043 (24 hours)
Contact: John Markley
Hours: 7:30 am - 5.pm, Monday thru Friday; on-call basis:
7 days a week, 24 hours
Disposal Site Location: 4 miles SW of Kettleman City '&
approx. 6 miles NW of the City of
Avenal; entrance is 3 miles S from
intersection of Highway 1-5 and
Highway 41
Service 7\rea: Northern & central California
Materials accepted: Everything except radioactive & water-
reactive wastes (re water-reactive wastes:
small amounts such as 1 gallon will be
accepted)
RWQCB Contact: Larry Batty (209) 445-5116
Casmalia Disposal Site
EPA IDf: CAD020748125
Office: Casmalia Disposal Company
P.O. Box 5275 (Use P.O. Box f for mailing address)
539 San Ysidro Road
Santa Barbara, CA 93108
Telephone No.: (805) 937-8449
Contact: James McBride, Director of Technical Services
Hours: Office: 9 am - 5 pm, Monday thru Friday
Site: 7:30 am - 8 pm, Monday thru Saturday
Disposal Site Location: Approx. 7 miles S of Guadalupo,
located 3 miles W on Black Road
from intersection with Highway 1,
1 mile W of Black Road, on NPU Road
in Casmalia
Site Telephone Nos.: (805) 937-7544 & 937-8636
XVin-e-3 . . original
-------
Service Area: Central Coast Region
Materials accepted: Liquid, sludges (bulk and containers),
pesticide containers, no explosives or
radioactive materials
RWQCB Contact: Bill Meece (805) 549-3147
7. BKK Landfill
EPA IDS: CAD067786749
Office: BKK Corporation
3031 East I Street
Wilmington, CA 90744
•
Telephone No.: (213) 539-7150
Contact: Joe Johnson, Vice-President, Technical
Clarence Geick/ Operations Director
Hours: 6 am - 5 pm, Monday thru Saturday
Disposal Site Location: Eastern portion of Los Angeles
County, 2210 South Azusa Avenue,
West Covina
Service Area: Southern California
Materials accepted: All nonradioactive wastes in any form
except PCBs and dioxin
RWQCB Contact: Hank Yacoub (213) 620-4460
NEVADA
8. 'U.S. Ecology, Inc.
EPA IDS: NVT330010000
Office: P.O. Box 578
Beatty, NV 89003
Telephone: (702) 553-2203
Contact: Stephen Carpenter, Manager
Hours: 7 am - 3 pm, Monday thru Friday
Disposal Site Location: 11 miles south of Beatty on Highway 95
Original
-------
CLASS II-1 SITES
ALAMEDA COUNTY
ALTAMONT SANITARY LANDFILL
OFFICE;
Altamont Sanitary Landfill
10840 Altamont Pass Road
Livermore, CA 94550
OPERATOR! .
Oakland Scavenger Company
2601 Peralta Street
Oakland, CA 94607
TELEPHONE:
(415) 465-2911
(John Sheannan)
QUANTITY OF WASTE RECEIVED;
1,700 Tons/Day
MATERIALS ACCEPTED;
Industrial Process; Waste
Water Treatment Sludge
SIZE OF SITE: 710 Acres
A11ADOR COUNTY
BUENA VISTA LANDFILL
OFFICE;
Buena Vista Landfill
(Amador County Disposal Site)
One Mile South of Highway 38 on
Buena Vista Road (near lone)
lone, CA 95640
OPERATOR;
Amador County Public Works Department
108 Court Street
Jackson, CA 95642
TELEPHONE; (209) 223-1031
(Jim Tearpak)
QUANTITY OF WASTE RECEIVED;
45 Tons/Day — Solids
2,400 Gallon/Day — Liquids
MATERIALS ACCEPTED;
Sludge/Septage; Infectious
Pesticide Containers;
Pesticide Rinse Water
SIZE OF SITE: 99 Acres
XVIII-B-5
Original
-------
COLUSA COUNTY
3. EVAN'S ROAD SOLID WASTE DISPOSAL SITE
OFFICE;
Evan's Road SWDS
546 Jay Street
Colusa, CA 95932
OPERATOR:
Colusa County
54.6 Jay Street
Colusa, CA 95932
TELEPHONE:
(916) 458-5186
(Dan Klar)
QUANTITY OF WASTE RECEIVED;
50 Tons/Day
MATERIALS ACCEPTED;
Septic Tank Puapings; Oil
Drilling Muds; Triple-Rinse
Pesticide Containers
SIZE OF SITE; 38 Acres
CONTRA COSTA COUNTY
4. ACME FILL (5PA #CAD041835o95)
OFFICE;
ACME
North End of Arthur Road
Off Highway 680, Highway 4
Martinez, CA 94553
OPERATOR;
ACME Fill Corporation
P.O. Box 1108
Martinez, CA 94553
TELEPHONE; (415) 635-4711
(Boyd Olney)
QUANTITY OF WASTE RECEIVED;
1,150 Tons/Day
MATERIALS ACCEPTED;
Sludge/Septage; Infectious;
Hazardous Waste-Alum Floe;
Asbestos; AS? Filter Cake; Oil
Wastes; Centrifuge Solids;
Hydrocarbons; Medical Wastes;
Pollution Equipment Waste;
Tanning Wastes; Wastewater Sludge
SIZE OF SITE: 536 Acres
XVIII-B-6
Original
-------
FRESNO COUNTY
(Addendum)"
CHEMICAL WASTE MANAGEMENT, INC.
OFFICE:
Chemical Waste Management, Inc.
7 Miles NW of Coalinga
Section 36
Township - 15
Range - 14 East
OPERATOR:
Qiemical Waste Management Inc.
430 W. EM Avenue
Coalinga, CA 93210
TELEPHONE: (209) 955-2043
(Bill McCay)
QUANTITY OF WASTE RECEIVED
1,700 Ton/Month
MATERIALS ACCEPTED:
Tank Bottom Sediment; Scrubber Sludge;
Oily Waste; Drilling Muds
SIZE OF SITE: 80 Acres
XVIII-B-7 Original
-------
FRESNO COUNTY
5. CHEVRON U.S.A. INCORPORATED — 23D
(Opened to Operator Only)
OFFICE;
Chevron U.S.A. Incorporated — 23D
Central Portion of Section 23
Township 20 — South
Range 14 — East
Cqalinga Area
OPERATOR;
Chevron U.S.A.
150 East Ourian Avenue
Coalinga, CA 93210
TELEPHONE:
(305) 393-1312
(Don Colbertson)
QUANTITY OF WASTE RECEIVED;
70 Tons/Month
MATERIALS ACCEPTED;
Tank Bottom Sediment; Oil Sump
Sludge; Drilling Mud; Formation
Water-Brine
SIZE OF SITE: 14 Acres
IMPERIAL COUNTY
6. I.T. IMPERIAL VALLEY II-l DISPOSAL SITE
OFFICE;
I.T. Corporation
Superstition Hills
Baughman, West of Highway 36
Westmoreland, West of CA
OPERATOR;
I.T. Corporation
2450 Stanwell Drive, No. 100
Concord, CA 94520
TELEPHONE; (714) 339-5053
(Ralph Dicori)
(QUANTITY OF WASTE RECEIVED;
42,000 Gallon/Day
MATERIALS ACCEPTED;
Geotheraal 3rines; Pesticide
Containers; Neutralized Aqueous
Acids and Basis; Geotheraal
Drilling Muds; Rinse Waters;
Petroleum Sludge
SIZE OF SITE: 400 Acres
XYIII-B-8
Original
-------
KERN COUNTY
7. CHEVRON U.S.A. INCORPORATED — 3C
(Opened to Operator Only)
OFFICE;
Chevron U.S.A. Incorporated — 3C
Northwest Corner of Section 3
Township — 32 South
Range — 23 East
Buena Vista, CA
OP.ERATOR;
Chevron UiS.A. Incorporated
P.O. Box 5355
Midway and Highway 119
Taft, CA 93263
TELEPHONE:
(805) 393-1312
(Don Colbertson)
'QUANTITY OF WASTE RECEIVED;
145 Tons/Month
MATERIALS ACCEPTED;
Petroleum Brine; Drilling Mud;
Tank Bottom Sediment; Oil
Sump Sludge
SIZE OF SITE: 20 Acres
8. CHEVRON U.S.A. INCORPORATED -— 5K
(Open to Operator Only)
OFFICE;
Chevron U.S.A. Incorporated — 5K
Southeast Corner of Section 5
Township 11 — North
Range 23 — East
Maricopa Area
OPERATOR;
Chevron U.S.A. Incorporated
Midway and Highway 119
Taft, CA 93268
QUANTITY OF WASTE RECEIVED;
1,827 Tons/Month
MATERIALS ACCEPTED;
Petroleum Brines; Drilling Mud;
Tank Bottom Sediment; Oil Sump
Sludge
SIZE OF SITE: 20 Acres
TELEPHONE:
(805) 393-1312
(Don Colbertson)
XVIII-B-?
Original
-------
KERN COUNTY (CON7.)
9. ENVIRONMENTAL PROTECTION CORPORATION — EASTS.IDE
OFFICE
Eastside Disposal Farm
10 Miles East of Bakersfield
Off Round Mountain Road
(805) 399-8644
OPERATOR!
Environmental Protection
Corporation
3040 19th Street, Suite no. 10
Bakersfield, CA 93301
TELEPHONE:
(805) 327-9681
(Bill Park)
QUANTITY OF WASTE RECEIVED;
3,984,000 Gallon/Month
MATERIALS ACCEPTED
Oil Sump Sludge; Oil Field
Brine; Rotary Mud; Tank Bottom
Sediment; Scrubber Wastes
SIZE OF SITE: 250 Acres
10. ENVIRONMENTAL PROTECTION CORPORATION - WESTSIDE
OFFICE;
Westside Disposal Fara
Seven Miles North of Taft
Off Highway 33
Two Miles North of Fellows
(805) 768-4806
OPERATOR:
Environmental Protection
Corporation
3040 19th Street, Suite 10
Bakersfield, CA 93301
TELEPHONE: (805) 327-9681
(Bill Park)
QUANTITY OF WASTE RECEIVED;
7,334,000 Gallon/Month
MATERIALS ACCEPTED;
Oil Sump Sludge; Oil Field
Brine; Rotary Mud; Tank Bottom
Sediment; Scrubber Wastes
SIZE OF SITS: 80 Acres
X-VIII-B-10
Original
-------
KINGS COUNTY
11. CHEVRON U.S.A. INCORPORATED — 350
(Open to Operator Only)
OFFICE;
Chevron U.S.A. Incorporated — 35Q
Central Portion of East Half of 35
Township 22 — South
Range 18 — East
(209) 386-5055
OPERATOR;
Chevron U.S.A. Incorporated
150 East Durian Avenue
Coalinga, CA 93210
TELEPHONE:
(209) 935-0931
(Don Colbertson)
QUANTITY OF WASTE RECEIVED;
1.3 Tons/Month
MATERIALS ACCEPTED;
Oil Sump Sludge; Tank Bottom
Sediment; Oil Field Brine;
Drilling Mud
SIZE OF SITE: 160 Acres
12. EASTLAKZ SANITARY LANDFILL
LAKE COUNTY
OFFICE;
Eastlake Sanitary Landfill
Burns Valley Road
Clearlake, CA 95422
OPERATOR;
County of Lake
Public Works Departnent
255 North Forbes Street
Lakeport, CA 95453
TELEPHONE:
(707)273-2381
(Norma Tunis)
QUANTITY OF WASTE RECEIVED;
200 Tons/Day
MATERIALS ACCEPTED;
Pesticide, Herbicide, Fungicide,
and Miticide Containers
SIZE OF SITE: 55 Acres
XVIII-B-11
Original
-------
LAKE COUNTY (CONT.)
13. GEOTHERMAL INCORPORATED
OFFICE;
Geothennal Incorporated
Butts Canyon Road, Box 480
Middletown, CA 95461
OPERATOR;
Geothenaal Incorporated
Butts Canyon Road
Mlddletown, CA 95461
TELEPHONE:
(707) 987-3305
(Kurt Kritikos)
QUANTITY OF WASTE RECEIVED;
400 Tons/Day
MATERIALS ACCEPTED;
Drilling Muds; Water Cake Sulfur;
H-S Abatement Sludge; Strettford
Solution
SIZE OF SITE: 40 Acres
i4' I*T' CORPORATION — BENSON RIDGE (EPA fCAD000633239)
OFFICE:
I.T. Corporation — Benson Ridge
7620 South Highway 29
Kelseyville, CA 95451
(707) 279-8860
OPERATOR;
I.T. Corporation
4575 Pacaeco Boulavard
Martinez, CA 94553
TELEPHONE; (707) 279-8851
(Rick Morton)
QUANTITY OF WASTE RECEIVED;
1,000 Ton/Month
MATERIALS ACCEPTED;
Geothermal Drilling Mud; Brines;
Scrubber Sludge
SIZE OF SITE: 134 Acres
XVIII-B-12
Original
-------
LOS ANGELES COUNTY
15. PUENTE HILLS LANDFILL NO. 6
OFFICE;
Puente Hills Landfill No. 6
2800 South Workman Mill Road
Whittier, CA 90607
OPERATOR;
Los Angeles County Sanitation
..District
1955 Workman Mill Rosd
Whittier, CA 90607
TELEPHONE; (213) 699-7411
(Gilbert Chang)
QUANTITY OF WASTE RECEIVED;
6,000 Tons/Day
MATERIALS ACCEPTED;
Sludge/Septage; Latex Waste;
Tank Bottom Sediment; Paint
Sludge; Drilling Muds;
SIZE OF SITE: 500 Acres
16. OPERATING E1EUSTSIES INCORPORATED
OFFICE;
Operating Industries Incorporated
1000 Potrero Grande Drive
Monterey Park, CA 91754
OPERATOR;
Operating Industries Incorporated
2425 South Garfield Avenue
Monterey Park, CA 91754
TELEPHONE; (213) 721-5996
(Dick Harabedian)
QUANTITY OF WASTE RECEIVED;
1,250 Tons/Day
MATERIALS ACCEPTED;
Drilling Muds; Paiat Sludge;
Tank Bottom Sediment; Mud and
Water (Laundry); Latex Waste
SIZE OF SITE: 130 Acres
XVIII-B-13
Original
-------
MONTEREY COUNTY
17. AURIGNAC INDUSTRIAL WASTE PLANT
OFFICE;
Aurignac Industrial Waste Plant
6 Miles South of San Ardo
Off Highway 101 on Aluarado Road
San Ardo, CA 93450
OPERATOR;
Jqhn.and Leslie Cederquist
P.'O. Box 331
San Ardo, CA 93450
TELEPHONE:
(408) 385-4821
(John Cederquist)
QUANTITY OF WASTE RECEIVED;
8.6 x 106Gallons/Year
MATERIALS ACCEPTED;
Drilling .Muds and Brines
SIZE OF SITE; 10 Acres
PLACER COUNTY
18. WESTERN REGIONAL SANITARY LANDFILL
OFFICE;
Western Regional Sanitary Landfill
Intersection of Athens and
Fiddyment
Roseville, CA 95673
OPERATOR;
Western Regional Landfill Authority
11444 B Avenue
Auburn, CA 95603
TELEPHONE; (916) 823-4601
(Warron Tellesson)
QUANTITY OF WASTE RECEIVED;
100 Tons/Day
MATERIALS ACCEPTED;
Drilling Muds/Fluids;
Limited Hazardous
Waste; Waste Water Sludge;
Septic Tank Sludge
SIZE OF SITE: 320 Acres
XVIII-B-14
Original
-------
SAN BENITO COUNTY
19. JOHN SMITH SOLID WASTE DISPOSAL SITE
OFFICE;
John Smith Solid Waste Disposal Site
John Smith Road
Hollister, CA 95023
OPERATOR;
City of Hollister
375 Fifth Street
Ho.lljLster, CA 95023
TELEPHONE; (408) 637-8221
(Elmer Schaal)
.QUANTITY OF WASTE RECEIVED;
200 Tons/Day — Solids
2 x 10 Gallons/Day — Liquid Maximum
MATERIALS ACCEPTED;
Pesticides in Liquid Form
SIZE OF SITE;
68 Acres
SAN JOAQUIN COUNTY
20. FORWARD INCORPORATED
OFFICE;
Forward Incorporated
West/Side Austin Road, 2.5 Miles
South of Arch Road
Stockton, CA 95206
OPERATOR;
Forward Incorporated/Greg Basso
P.O. Box 6336
Stockton, CA 95206
TELEPHONE; (209) 466-5192
(Greg Basso)
QUANTITY OF WASTE RECEIVED:
350 Tons/Day
MATERIALS ACCEPTED;
Heavy Metals; Sludge/
Septage; Drilling Muds/Fluids
SIZE OF SITE: 157 Acres
XVIII-B-15
Original
-------
SANTA CRUZ COUNTY
21. SANTA CRUZ CITY DISPOSAL SITE
OFFICE;
Santa Cruz City Disposal Site
Dimeo Lane
Three Miles West of Santa Cruz
Santa Cruz, CA 95060
OPERATOR:
City pf Santa Cruz Public Works
809 Center Street
Santa Cruz, CA 95060
TELEPHONE; (403) 429-3636
(Ed Withrow)
QUANTITY OF WASTE RECEIVED;
100 Tons/Day — Solids
40,000 Gallor /Day — Liquids
MATERIALS ACCEPTED;
Sludge/Septage; Tannery Waste
SIZE OF SITE; 100 Acres
SHASTA COUNTY
ANDERSON SOLID WASTE INCORPORATED
OFFICE;
Anderson Solid Waste Incorporated
(Limited Class II-l)
Five Miles West of Anderson
19803 Cambridge
Anderson, CA 96007
OPERATOR;
Anderson Solid Waste Incorporated
P.O. Box 1365
Cottonwocd, CA 96002
TELEPHONE; (916) 347-5241
(Bob Ray)
QUANTITY OF WASTE RECEIVED
7,000 Tons/Month
MATERIALS RECEIVED;
Emergency Fetroleun Spills
SIZE OF SITE: 175 Acres
XVIII-B-lfi
Original
-------
SISKIYOU COUNTY
23. SHEEPY RIDGE SOLID WASTE DISPOSAL SITE
OFFICE;
Tulelake Landfill
Sheepy Ridge Road Off Highway 161
Seven Miles Northwest
Tulelake, CA 96134
OPERATOR;
Ctty of Tulelake/Siskiyou County
P.O. Box 305
Tulelake, CA 96134
TELEPHONE:
(916) 667-2619
(W. C. Whitaker)
QUANTITY OF WASTE RECEIVED;
9 Tons/Day
MATERIALS ACCEPTED;
Pesticide Containers
SIZE OF SITE: 142 Acres
SOLANO COUNTY
24. FLAmiERY ROAD DISPOSAL SITE
OFFICE;
Aqua Clear Farms
Between Highway 113 and Flannery
Road, Seven Miles West and Two
Miles North of Flannery
Rio Vista, CA 94571
OPERATOR;
Aqua Clear Farms
19901 Yorba Linda Boulevard
Yorba Linda, CA 92686
TELEPHONE:
(707) 374-2559
(Orville Tucker)
QUANTITY OF WASTE RECEIVED;
1.26 X 106 Gallons/Month
MATERIALS ACCEPTED;
Drilling Muds
SIZE OF SITE;
110 Acres
XVIII-3-17
Original
-------
SOLANO COUNTY (CONT.)
25. I.T. CORPORATION, MONTEZUMA HILLS (EPA ??CAD079089512)
OFFICE;
I.T., Montezuaa Hills at the
Intersection of Highway 12,
Collinsville Road and Little
Honker Bay Road Solano County, CA
OPERATOR;
I.T. Corporation
4574 Pacheco Boulevard
Martinez, CA 94553
TELEPHONE; (415) 223-5100
(Mark Posson)
QUANTITY OF WASTE RECEIVED;
2.2 x 10 Barrels/Year
MATERIALS ACCEPTED;
Drilling Muds; Geothermal Brines;
Neutralized Aqueous Acids and
Bases; Waste Water Treatment Solids
SIZE OF SITE: 50 Acres
VENTURA COUNTY
26. J.N.J. DISPOSAL SITE
OFFICE;
J.N.J. Disposal Site
Fifth and Harbor Boulevard
Oxnard, CA 93030
OPERATOR:
J.N.J. Sales and Services
Incorporated
4376 Varsity Street
Ventura, CA 93003
TELEPHONE:
(305) 642-1246
(805) 642-5429
(Jack Jamar)
QUANTITY OF WASTE RECEIVED;
1.89 x 106 Gallons/Month
MATERIALS ACCEPTED;
Drilling Muds and Brines
SIZE OF SITE: 50 Acres
XVIII-B-18
Original
-------
YOLO COUNTY
27. YOLO COUNTY CENTRAL LANDFILL
OFFICE:
Yolo County Central Landfill
Corner of Roads 23H and 104
Six Miles North or Davis
Yolo County, CA
OPERATOR
Yolo County Public Tforks
292 \'est Beoaer Street
Woodland, CA 95695
TELEPHONE:
(916) 666-8273
(Julio Carrascl)
QUANTITY OF WASTE RECEIVED;
600-800 Tens/Day
MATERIALS ACCEPTED!
Triple-Rinsed Pesticide
Containers; Drilling Muds
SIZE OF SITE: 660 Acres
XVIII-B-19
Original
-------
ANNEX XIX
2900 FEDERAL WATER POLLUTION CONTROL ACT
(Distributed under serarate cover)
2901 Comprehensive Environmental Response, Compensation
and Liability Act of 1980
(Distributed under separate cover)
XIX-1 Original
-------
ANNEX XX
3000 NATIONAL CONTINGENCY PLAN
XX-1 Original
-------
PART 300— NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
3004 tape** ud objaeWma.
SOU Authority.
30O3 Scope
. 3004 Application.
AbbnvUttoni
Oafioitfonai
JOOfl
Padanl atadaa.
300L22 Coordination anranf and by Federal
30003 Other aaatatanca-by-federal
30O24 SUtcud local pmrtdpadon.
300JS Nun gi»»imin«nt p«ittdp«tioa.
300J1
300L34 Special fore«»«Bdt»«m«.
30O3S Multt-njlon«l rmponMC.
3OOJT Raaponi* equipment
SuoowtD—Plan*
30a41 Regional and local plena,
300.42 Regional contingency plana.
300*43 Local contingency plana.
Subpart £—Operation* flmporw* Ptwaw
for OB Removal
30LS1 Phaa* I—Olicorery and noOficatioa.
30041 phaaa B—PreUminary aaaeaamaat
and tadUanon of action.
300.53 pnaae SI^^Oontain&Mntt
couatenneaaurea. clean-up and diipoaaL
30O54 Phaaa Pf PrmirTiinHtlnn and coat
300.53 Ccnarai pattam of mponM.
30O5S Pollution report*.
30QJ7 Special cottaidantiont.
30O58 Funding,
Subpart f—Hazardoua Suttatanca
300M C«ncnL
300.02 SUM rola.
WOflS . PhaM I Dticovaiy ud notification.
30044 Phau U—Preliminary af*«a>mant.
XX-2 Original
-------
Federal Register / VoL 47. No. 137. Friday. July 16. 1982 / Rules and Regulations
31203
Sue. •
30OeS Phase m-tamedieta removal
3COM RUM IV—Evaluation and
detarmtoation of appropriate-response—•
planned move! and remedial action. *
30OB?" RUM V—Hanned removal
30008 Phase VV-Reaedlal acnon.
30O09 Phase VU •-DnmBientstioii and COM
30O70 Methods of remedying releases.
30071 Worker health end safety.
Subpert O—Trustee* for Heave! I
30O72 Designation of Federal trustee*.
30073 State trustees.
30074 Ruooaaibilitteeofiratm.
SubpartH—UMofOtoperaantsanrfOmer
300M General
Appi
Weste SUs Ranking Qysieuv a eeers
Aotharityt SM 10S. Mk k 96-41O 94 SUt
Z7»4. 42 UAC 9008 «nd Me. MUCK2). Pah, L
92-600 as amended:« Slat 808.33 OSC
ttZl(eKZ): Exaoinve Order USia. 47 FR 49837
(Aognst m 1981): Executive Order tim 3ft
FR 21243 (August 1973).
f 30&1' P^sfpoeo end oofectfvee*
The purpose of tht National Ofl and
Hazardous Substances Pollution
Contingency Plan (Plan) is to effectuate
the napooje powers and responsibilities
created by the Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(CERLA) and the authorities eatabliahed
by section 311 of the dean Water Act
(CWA), as amended.
|30Oa AuiftorJty.
The Plan is required by section 105 of
CERCLA. 42 U.S.C. 9805. and by section
311(c)(2) of the CWA. as amended. 33
U&C. 132I(c)(2). In Executive Order
12315 (46 FR 42237) the President
delegated to the F-nviF*Mifnett**l
Protection Agency the responsibility for
the amendment of the NCP and ail of the
other functions vested in the President
by section 105 of CERCLA. Amendments
to the NCP shall be coordinated with
members of the National Response
Team prior to publication for notice and
comment. A^irv^^ffrtts «haii ai^ og .
coordinated with the Federal Emergency
Management Agency and the Nuclear
Regulatory Commission in order to
avoid inconsistent or duplicative
requirements in the emergency planning
• responsibilities of those agencies.
§300J
(a) The Plan applies to all Federal
agencies and is in effect fan
(1) The navigable waters of the United
States and adjoining shorelines, for the
contiguous zone, and the h'ah seas
beyond the contiguous zone in
connection with activities under the
Outer Continental Shelf Lands Act or. ~
the Deep Water Port Act of 1874. or
which may affect natural resources
belonging to. ^pptr^fo^ff to. or un*jftr
the exclusive management authority of
the United States ('"^"^"g resourc
under the Fishery Conservation and
Management Act of 1978). (See sections
311(b)(l) and 502(7} of the dean Water.
Act)
(2) Releases or *"1«««''"HflJ threats of
releases of hazardous substances into
the environment and releases or
substantial threats of releases of
pollutants or contaminants which may
PfSSeni ai» bmnmmnt mru^ Substantial
Afvtffnf tg pn0Uc health or welfare.
(b) The .Plan provides for efficient
coordinated and effective response to
discharges of oil and relaeaee of
contaminants- in accordence with *he
authorities of CZRGLA and the CWA. It
provioM foe
(1) Division and specification of
responsibilities among me Federal State
and local governments In response
action* and appropriate roles for
private entities.
(2) The national response organization
that may be brought to beer in response
actions, including description of the
organization, response personnel and
resources that are available to respond.
(3) The establishment of requirements
for Federal regional and Federal local
contingency plans, and encouragement
of pre-planning for response by other
% . _ ^ ^^^^^^^^^^^^
fOveie or government.
(4) Procedures for undertaking
removal operations pursuant to section
311 of the. Clean Water Act
(31 Procedures for undertaking
response operations pursuant to ~
CERCLA. *
(Oj Designation of trustees for natural
resources for purposes of CERCLA.
(7) National policies and procedures
for the use of dispenants and other
chemcials in removal and response
actions.
(c) In implementing this Plan.
consideration shall be given to the Joint
Canada /U.S. Contingency Plan: the
U.S./Mexico Joint Contingency Plan and
international assistance plans and
agreements, security regulations and
responsibilities based on international
agreements. Federal statutes and
executive orders. Actions taken
pursuant to this Plan shall conform to
the provisions of international joint
contingency Plans, where they are
applicable. The Department of State
should be consulted prior to taking any
action which may affect its activities.
]30Qi4 Appttceooni
The Plan is applicable to response
taken pursuant to the authorities under
CERCLA and section 311 of the-CWA.
13005
(a) Department and Agency Title
Abbreviations.
DOG^OepsruBenf of Commerce
DOD— Department of Defense
DOB— Department of Energy
DOl— Department of the Interior
DPI OsjieiiiiisiU of Josttos
DOt— Department of Labor
DO3 0«y«i uium of State
DOT— Department of Transportation
EPA Enriiomnental Protection Agency
FEMA— Federal Emergency Management
Agency
HH3— Department of Health and Human
NTOSH— National mstmrte for Occupational
Safety and Health
NOAA— Nattommi Oceanic and Atatocpaeric
AdmmistmioQ
OSHA— Occupational Safety and Health
Adnunistrsuoa
USCC " U.3. Coast Quart
USDA— U A Department of Agriculture
(b) Operational Title Abbreviations.
ERT •••PmUuimieunU Response Team
FOO— Fedeni Coordinating Officer
NRC— National Raepoaae Cuter
NKT— National Respeaae Team
NSP-Nauoaat Strike Force
OSC—Qn^eene Coordinator
PAAT— Public Affairs Assist Team
PIAT— Puhlie Information AMist Team
RRC— Regional Ra*poa«e Center.
RRT— Regional Response Team
SSC— Scientific Support Coordinator
|30fta OetMtlonev ,
Terms not denned m this section have
the meaning given by CERCLA or die
CWA.
Clean, as denned by section 101(4) of
CERCLA. means a demand in writing for
• sum cartain.
Claimant, as defined by section 101(3)
of CERCLA. means any person who
presents a claim for compensation under
CERCL.V
Coastal zone, as defined for the
purpose of this Plan, means all U.S.
waters subject to the tide. U.S. waters of
the Great Lakes, specified ports and
harbors on the inland rivers, waters of
the contiguous zone, other waters of the
high seas subject to this Plan, and the
land 'surface or land substrata, ground
waters, and ambient air proximal to
those waters. The term coastal zone
delineates an area of Federal
responsibility for response action.
Precise boundaries are determined by
EPA/USCG agreements and identified
in Federal regional contingency plans.
Contiguous zone means the zone of
the high seas, established by .the United
XX-3
Original
-------
31204 Federal Register •/ VoL 47; No. 137; Friday, July 18; 1982 / Rulea and: Regulations
States under Article 24 of the
Convention on the Territorial Sea and
Contiguous Zone, which is contiguous to
the territorial sea and which extends
. nine miles seaward from the outer limit
of the territorial sea.
Discharge, aa defined by section
311(a)(2) of CWA. includes, but la not
limited to, any spilling, leaking,
pumping, souring, emitting, emptying or
dumping of oiL For purposes of this Plan,
large shell-also mean substantial
threat of discharge.
Driaidag water supply, n 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.
fimnamaent aa defined by section
101(8) of CERCLA. means (a) the
navigable waters of the United States.
the waten of the contiguous zone, and
the ocean waters of which the natural
resource* are under the exclusive
management authority of the U.S. under
• the Fishery Conservation and
Management Act of 1978, and (b) any
other surface water, ground water.
drinking water supply, land surface and
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 (a) any building.
structure, installation, equipment, pipe*
or pipeline (Including any pipe into a
sewer or publicly owned treatment
works). welL pit pond, lagoon.
impoundment ditch, landfill, storage
container, motor vehicle, railing stock.
or aircraft or (b) any site or area when
a hazardous substance has been
deposited, stored, disposed of or placed.
or otherwise come to be located: but
does not include any consumer product
In consumer use or anyivesseL ~~
Federally permitted release, as
defined by section 101(10) of CERCLA.
means (a) discharges in compliance with
a permit under section 402 of the Federal
Water Pollution Control Act: (b)
discharges resulting from circumstances
identified and reviewed and made part
of the public record with respect to a
pennit issued or modified *"**$•* section
402 of the Federal Water Pollution
Control Act and subject to a condition
of such permit: (c) continuous or
anticipated intermittent discharges from
a point source, identified in a permit or
pennit application under section 402 of
the Federal Water Pollution Control Act
which are caused by events occurring
within the scope of relevant operating or
treatment systems: (d) dischargee in
compliance with a legally enforceable
permit under section 404 of the Federal
Water Pollution Control Act: (e) releases
In compliance with a legally enforceable
final pennit issued pursuant to section
3009 (a) through (d) of the Solid Waste
Disposal Act from a hazardous waste
treatment storage, or disposal facility '
when such pennit specifically identifies
the* hazardous substances and makes
such substances subject to a standard of
practice, control procedure or bioassay
limitation or condition, or other control
on the hazardous substances in such
releases: (f) any release in compliance
with a legally enforceable permit issued.
under section 102 or section 103 of the
Marine Protection. Research and
Sanctuaries Act of 197% (gj any
Injection of fluids authorized "rdf*
Federal underground injection control
programs or State programs submitted
for Fedsral'spproval (and not
disapproved by the Administrator of
. EPA) pursuant to part C of the Safe
Drinking Water Ace (h) any emission
into the air subject to a permit or control.
regulation under section 111. section 112.
title 1 part C. title 1 part 0, or State
implementation plans submitted in
accordance with Section 110 of the
Clean Air Act (aad not disapproved by
the Administrator of EPA), including any
schedule or waiver granted.
promulgated, or approved under these
sections: (i) any injection of fluids or
other materials authorized under
applicable State law (l) for the purpose
of stimulating or treating-wells for the
production of crude oil. natural gas. or
water. (2) for the purpose of. secondary,
tertiary, or other enhanced recovery of
crude oil or natural gas. or (3) which are
with the production of crude oil or
natural gee and which are reinjected: 0)
the introduction of any pollutant into a
publicly-owned treatment works when
• such pollutant is specified in and in
compliance with applicable
pretreatment standards of section 307
(b) or (c) of the CWA and enforceable .
requirements in a pretreatment program
submitted by a State or municipality for
Federal approval under section 402 of
such Act and (k) any release of source..
special nuclear, or by-product material.
aa (hose terms are defined in the Atomic
Energy Act of 1954. in compliance with a
legally enforceable license, permit
regulation, or order issue pursuant to the
Atomic Energy Act of 1954.
Fund or Trust Fund means the
Hazardous Substance Response Trust
Fund established by section 221 of
CERCLA.
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.
Hazardous substance, as defined by
section 101(14) of CERCLA. means (a)
any substance designated pursuant to
section 311(b)(2)(A) of the CWA: (b) any
element compound, mixture, solution, or
substance designated pursuant to
section 102 of CERCLA: (c) any
hazardous waste having the •
characteristics identified under or listed
pursuant to section 3001 of the Solid
Waste Disposal Act (but not including
any waste the regulation of which under
the Solid Waste Disposal Act has been
suspended by Act of Congress); (d) any
toxic pollutant listed under section
307(a) of the CWA: (e) any hazardous
air pollutant listed under section 112 of
the dean Air Art and (f) any
Imminently hazardous chemical
substance or mixture with leaped to
which the Administrator has taken
action pursuant to section 7 of the Toxic
Substances Control Act The terms do
not include petroleum. Including crude
oil or any fraction thereof which is not
otherwise specifically listed or •
designated as a hazardous substance
under snfaparagraphs (a) through (f) of
this paragraph, and the term does not*
include natural gas. natural gas liquids.
liquified natural gas or synthetic gas
usable for fuel (or mixtures of natural
gaa and such synthetic gas).
Inland zone means the environment
hilqt^ of the trffes*%l zone excluding the
Great Lakes and specified ports and
harbors of inland rivers. The term inland
zone delineates the area of Federal
responsibility for response action.
Precise boundaries are determined by
EPA/USCG agreement and identified in
Federal regional contingency plans,
Lead agency means the Federal
agency (or Stats agency operating
pursuant to a contract or cooperative
agreement executed pursuant to section
104(d)(l) of CERCLA) that provides the
on-scene coordinator or die responsible
official
Natural Resources, as defined by
section 101(10) of CERCLA. means 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 fishery conservation zones
established by the Fishery Conservation
and Management Act of 1976). any State
or local government or any foreign
government
Offshon facility, as defined by
section 101(17) of CERCLA and section
311(a}(ll) of the CWA. means any
facility of any land located in. on. or
under any of the navigable waters of the
U.S. and any facility of any kind which
XX-4
Original
-------
Federal Register / VoL 47. No. 137. Friday, July 18. 1982 / Rules and Regulations
31205
(•.subject to the jurisdiction of the U.S.
and it located la. on. or under any other
watenvother than a vessel or a public
veueL
OIL aa denned by section 311(a)(l) of
CWA. means oil of any kind or in any
fDf^^U IfldUQulJL wUl POT UOuittQ tffb
petroleum, fuel oil sludge, oil refuse.
and oil mixed with wastes other than
dredged spoil.
Ou pollution fund means the fund
establiahed by section 311(k) of the
CWA.
Onthon fadllty. (a) as defined by
section 101(18) of CERCLA means any
facility (Inducting, but not limited to.
motor vehicles and rolling stock) of any
kind located in, on. or under any land or
non-navigable water* within the United
States; and (b) as defined by lection
311(a)J10) of CWA means any facility
(Inducting, but not Halted to, motor
vehicles and rolling stock) of any kind
locatedin. on. or under any land within
the United States other than submerged
On-Sctna Coordinator means the
Federal official predesignated by the
EPA or the USCG (or a State official
acting pursuant to a contract or
cooperative agreement executed .
pursuant to section 104{d](l) of
CERCLA) to coordinate and direct
Federal responses under this nan;
provided, however, that with respect to
releeses from OOD facilities or vessels,
the OSC shall be designated by DOD.
Person, as denned by section 101(21)
of CERCLA. means an individual firm,
corporation, association, partnership.
consul Uuiu» joint venture, commercial
entity. U.S. Government State.
municipality, commission, politics!
subdivision of a State, or any interstate
body.
Plan means the National Oil and"
Hazardous Substances Pollution
Contingency Plan published undor
section Oll(c) of the CWA and revised
pursuant to section 103 of CERCLA.
Pollutant or contaminant, as defined
by section I04(a)(2) of CERCLA. shall
include, but not be limited to. any
element substance, compound, or
mixture, including disease cefifing
agents, which after release into the
mgesttan. inhalation, or assimilation
Into any organism, either directly from
the environment or indirectly by
ingesting through food «*•<»««, will or
may reasonably be anticipated to cause
death, disease, behavioral
abnormalities; cancer, genetic mutation.
physiological malfunctions (including
malfunctions in reproduction) or
physical deformation, in such organisms
or their offspring. The term does not
include petroleum, including crude oil
and any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
under section 101(14)(A) through (F) of
CERCLA. nor does it Include, natural
gas. liquified natural gas. or synthetic
gas of pipeline quality (or mixtures of
natural gas and synthetic gas).
Aa/MMh as defined by section 101(22)
.of CERCLA. means any spilling, leaking,
DQ^BlnO^L OOlttlOfl* SOUtufifl* fiODL^^B^L
discharging, injecting, escaping,
dumping, or disposing into the
t out excludes (a) 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; (b) emissions from the engine
exhaust of a motor vehicle, rolling stock,
aircraft, vessel, os pipeline pumping
station engine; (c) release of source, by*
product or special nuclear material from
a nuclear incident as those terms are
denned in the Atomic Energy Act of
1954, if such release is subject to
requirements with respect to financial
protection established by the Nuclear
Regulatory Commission under section
170 of such actor, for the purposes of
section 104 of CERCLA or any other
response action, any release of source.
by-product 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 (d) the normal
application of fertilizer. For the purposee
of *hj« Plan, release also meene
substantial threat of release.
Ruuon ofnnonu, as denned by
section SlKaKo) tif CWA refers to
removal of oil or hazardous substances
from *fc^ water ^pd shorelines or the
taking of such other actions aa may be
necessary to minimize or mitigate
damage to the public health or welfare.
AM defined by section 101(23) of
CERCLA. remove or removal means the
clean-up 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
substances into the environment such
actions as may be necessary to monitor.
assess, and evaluate the release or
threat of releese of hazardous
substances: the disposal of removed
material: or the >° 1^*13 or such other
actions as may be necessary to prevent
tnirriiniTi, yf mitigate damage to the
public health or welfare or the
environment which may otherwise
result from such release or threat of
release. The term includes, in addition.
without being limited to. security fencing
or other measures to limit access,
provision of alternative water supplies.
temporary evacuation and housing of
threatened individuals not otherwise
provided for. action taken under section-
104(b) of CERCLA. and any emergency
assistance which may be provided
under the Disaster Relief Act of 1974
Remedy or nmedlai action, ss
defined by section 101(24) of CERCLA,
means those actions consistent with
permanent remedy ta*"n instead of. or
in addition to. removal action in the
event of a release or threatened release'
of a hazardous substance into the
amripmiHuaf,*, to prevent or minimi** ^he
releese of hazardous substances 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 location of the release as
storage, confinement perimeter
protection using dikes, trenches, or
ditches, day cover, neutralization,
dean-op of released hazardous
substances or ««"*• !»<«•*•«) materials
recyding*or reuse, diversion.
destruction, segregation or reactive
wastes, dredging or excavations, repair
or replacement of leaking containers,
collection of leachate and runoff, onsite
treatment or incineration, provision of
alternative water supplies, and any
monitoring reasonably required to
assure that such actions protect the
public health and welfare and the
•environment The term includes the
costs of permanent relocation of
• residents and businesses and
community facilities where the President
determines that alone or in combination
with other measures, such relocation is
more cost-effective than and-
environmentally preferable to the
transportation, storage, treatment
destruction, or secure disposition offsite
of hazardous substances or may
otherwise be necessary to protect the
public health or welfare. The term does
not include ofisite transport of „
hazardous substances, or the storage.
treatment destruction, or secure-
disposition ofisite of such hazardous
substances or «r«^*^^**,"»**^ materials
unless the President determines that
Mich actions (a) are more coat-effective
than other remedial actions; (b) will
create new capacity to manage in
compliance with subtitle C of the Solid
Waste Disposal Act hazardous
substances in addition to those located
at the affected facility; or (c) are
necessary to protect public health or
welfare or the environment from a
present or potential risk which may be
created by further exposure to the
continued presence of such subatances
or materials.
XX-5
Original
-------
3120S Federal Register / VoL 47. No. 137, Friday, July 18. .1982" / Rules and Regulations
. Respond ornapcna*. u defined by
»ection.l01(25} of CERGLA. means
removes removal. remedy, of remedial
action.
Ratpooaibb offleud refers to the
Federal "ffl^t (or State official acting.
pursuant to a contract oe cooperative.
agreement executed pursuant to section,
lOfCdKlJof CERtXA). assigned by the
lead agency, responsible- for
Vo/iu«a«r mean* any Individual
accepted toe perform service* by a
FedeVat agency which has authority to
accapf vduntMf services' (example sea
IB U^&742f(c$. A volunteer ii-subfect
to tbetproTtsiona-of toe authoring:
statutes and } 300C29ottfaia Plan,
remedial actions and related activities
under Subpart F of this" plan, Where
reference-is made to tin responsibilities
and authorWerof an GSC those
responsibilities1 and- authoritta* also
apply ttr a t'Bipumlbte offldaL
0ntiaaolPreeMen»«a«soate4fa
the Mowteg size-classes- of oil
discharges which areprovided a»
guidance* to- tfae»OSC and serve* as* the
criteria for the- action* delineated h>
Sttbnarr ErTbey are> not meant t» bnpry
associated degreee-of hazard to- public-
health or weUarevaor arvthey a>
P of* environmental damage* AAV
(a) fa Executive- Older lOTSand
Executive. Cedar 123S& the. President
delegated* cnxtaiiK functione- and
raepoasibiUB'es. vested in him. by the
CWA and CERGLA.r§apadvalyu
Responsibilities so delegated shaU.be
responsJbUltlea oiFedacai agenda*
ffnr
iar t^m- Plan, unlessi
(1) BeaponaihiHty ta-redelegated
pursuant to. section* »(f}oiExs«uttve-
Orde>123lBVat :
(2\ Executive, Order 1M3& e>
Oidaa
oil discharge tharpoaea.asabatana'at
threat tot ttepublic healftt armaifaxr or
results* in. oiticai pubii* concent shaU.be>
ravoksKL
J 30022
regardlese o£ the foilowing; quantitative
(a) Afinor ditchoraa means, a.
discharge to- the inland' vxalsra of less)
than WOO gallon* o£ oilora-disaharga to.
the coastal waters of-lesa than- 1OOOO
gallons, of oiL
(aj Federal agencies. sEoufcf
coordinace their pUnaia% and' response
activities thrDuah *h^ mn^Ra«<«t^f
described in Subpart C of this Plan and
other maana aa may ba apnropriata>.
ceordinata
with agect
d resp
Slata andocal
dischug* of UOO ta IttOOO galloat o£oil
to the inland' waters or s> discharge of
KUXXJ to IflttOOO gallons of off to the
coastal waters.
gpvemmant «»«f pr(v<*^
(cj Federal agendas with fadBties or
other resourcea. which may be uee&il ut
a Fedarai response situation should
ints fsrJJl*lTrff T
discharn of more *h»" TTJEOOff gaflona of
oil to the: inland waters ormora than
10OOOO gallons of oil to the coastal
waters:
Trvatet mean any Federal natural
resources' management agency
and any State agency which: may
prosecute* claims for damages under ~
section lOTtft of CERCLA.
Uniietf States, as- defined1 by section.
311(21(5]' o/GWA. refers to- the States;
the District of Gblumbia, the*
. Commonwealth orl^xerto loco* Guam
American Samoa, the* Vbgfi» Island*
and the Thar Territory erf tie Pacific
IslandavAs defined by section 10I(27To<
CERCLA. United States- and State
Include- the- several. State* of the United1
States. th» District of Columbia, the
Commonwaltb at Pueno Rfca Guanu
Americas Samoa; the- United States-
Virgin Islander Th» Commonwealth- rf
the Northern Martana* and any other
territory or possession over which the*
US. has jurisdiction.
with* agency
_ capabilitias and-suthoritiea
(d) When the Administrator of EFAiOX
the Secretary of the Department in.
whiab, the. Coast Guard* i»operating,
ere [a*an imnnnensand
substanoai threat to the public health or
welfare because, of a discharge of oil
from any offshore of onshore facility; or
(2) Thit them may be- an '"""""•«*
and substantial endangermenr to the
public health; oe weifarerot the
•tiu*ut*T *^«
Plan.
(fl Response. ^flwf to remove
discharges origtmtinrfronx the Outer
ContlnifnMl Shelf Lands' ACT operations
shaif be in accordance with>*1** Plan,
(gj Where appropriate, discharges of.
radioactive materials, shall ba handled
pursuant to the appropriate, federal
radiological, plans.
130003 Otheri
(a) Each of thr Federal agendas listed
hi paragraph (b)1 of this section: bar.
duties esoibUshed b> sttftrte, executive
order, or Presidential directive' which
may In lUBVtiuf to FedBni respoiue
acflon* following or iff prevention of a
disehirgv of oil or a* relaas* of a
Aazcrooua suostance* poiiutznr or
contaminant. These dudes may also be
relevant to die rehabilitation.
restoration* and replacement: of
damaged or lost natural resources.
Federal regional contingency plans
should call upon agendas to carry out
these duties in a coordinated manner.
(blTha fallowing Federal agencies
may ba called upon, by an OSC during
tfie*plflmrinff or TTffftlinn*ntat1fTH of a*
response to provide assistance in. their
respective areas of expertise, consistent
with their capabilitias and legal
authorities:
(1) Department of Agriculture;
(2) Depac&nent of f^.i»i"»" •
(3) Department of Defense*
(4) Department, of Energy.
(5) Federal Emergency Management
(8): Depactment of*Heaitbc •«•*- Human
Services.
(7) Departmene of-thr Interior.
(8) Department" of Justice.
(9J Deparonencaf'Laboe.
(10f Department of State.
(11) Department of Transportation.
(12) Envunnmantal Pmtectioa Agency.
XX-6
Original
-------
Federal Raptor /~VoL 47. No. 137. Friday. July 16. 1982 / Rulea and Regulations 31207
(e) la addition to their general
responsibilities under paragraph (a) of
this lection Federal agencies should:
(1) Malce necessary information
available to the NRT. RRTs. and QSCa.
(2) Inform the NRT and RRT»
(consistent with national security-
fntt*titmT»ttnn^
-------
31208; Federal Ragiataf / VoL 47. No. 137, Friday, July 18. 1982 / Rales and Regulations
(3) While the-NRT desire* ta achieve a
consensus on all matter* brought before
Ut I**T**^T* matter* may prove
unresolvabla by thismaans. la such
cuw 6icb cabinet. draaitnufflt oc
agency saving a* »parddp«ting agency
on tht NRT may be accorded on* vote in.
NRT proceedings.
(4) Tha.NRT may establish such by-
law* aint committee*. ay if deem*.
•Ijpiupiisfir 10 further tns uuryoeevsn
which- tt iaerabUsfmd
(3) What thaNBTIs not aetiwted for
a response- action. it shall serve- a* a
nnmof agency resources; and iff
ntsprtn rttay to. di si liaises and releases'
(see 1 300,43)!.
(*i EedandregianalandFedersl local
planashoaidadeoBateisr provide me
OSC with assistancej&nnr thatFedwei
__— __j__ /«M|iM»iji>|g||iiajrjj uftli. jtmmiijin*'
resources^ capabilities^ and
responsibilitiesi within, the regbn. During^
a response actioft thv memberstof the
• RRT should seek ta nmkv available tha
reaeoreerofth*rrag«tdesto>ths):OSC
MspeanedtothatF^desairegtnnatend
(3) Afiected States are encouraged to-
participete actively tn>aURlVT activities
* '
recant activities, organizational changes,
operational concerns, and effort! to
state and local conditions.
rrpresentative* U> work wtth- the-RRT
and OSC* in derelopingFedenl
regional and Federal local plaaav to>plaa
for and male* available State raeaurcea,
and ta sseve-se-the-csmtactpeiarfar
coordinatiett at response- with; local
represented on- the RRT.
(fl)-The RRT serve* a* » standing,
committee to ncommead changes in- the
regional response organiz«tiflB ae
needed, to revise the regional plan ae
needed, and to evaluate the-
preparedness' of the- agencies and the
effectiveness of local plans for the
Federal response to discharges and
(i) Make >*«** Respons* operaflona.
(a) EPA and USCG shall designate
OSCs for all anas in each region
provided, however, that DOO shall
designate OSCs for releases from DOD
facilities and vessels. DOD will be-tne»
immediate removal response authority
with respect to Incidents involving DOO
military weapons and munitions.
Immediate* removal n? *!<>"• involving
audearweapons- should be conducted in
accordance with the joint Department of
Defense. Department of Energy, and
Federal Emergency Management
Agency Agreement for Response to
Nuclear Incidents and Nuclear Weapons
Significant Incidents, of January 8. 1981.
The USCG- will rarnish or provide OSCs
for oil dischargee and for the immediate
removal of hazardous substances,
pollutants, or contaminants into or
threatening me coastal zone except that
the USCG will not provide
predesignated OSCs-for discharges and
releases from hazardous waste
management facilities of in similarly
chronic incidents. EPA shall furnish or
provide- OSCs for ad discharges and
hazardous substance releases into or
XX-8
Original
-------
-Federal Ragiatat / VoL 47, No. 137, Friday, July 18, 1982 / Rules and Regulations
31209
t&NAtUllXIfl ul4
otherwise agreed, for all planned
removals and remedial actions.
.(b) The OSC directs Federal Fund-
financed response efforts and
coordinates all other Federal efforts at
the-cane of a discharge or release
subject to Executive Order 12310. As
part of the planning mn^ preparation for
response, the OSCs shall be
ited by tha regional or district
lead of the lead
(1) Tin
ao agency
with responsibility under this plan to
arriTe at the Kane of the discharge or
releeae should coordinate activities
imAmr thfo plan "B*B the OSC amvas.
(2) Tfaf OSC •h»i?, to the ffaTft
PT%CtlCe%Olw QDuBf tusV CuCBCDalteUtCaUL
collect pertinent facts about the
discharfls of reli
ch as its source
•mi COTM* (he T*^*"^ of potentially
responsible parties: the nature, anoont
and location of discharged or released
time of travel of discharged or released
materials; the pathways to human,
Mtential Impact on human
health, welfare and safety; (he potential
impart on natural rwource» and
jjfuporly which may be affected;
welfare ""H the •"•i|
-------
31210
Fedora! Register '/ VoL 47, No. 137,' Friday, July 16.' 1982 / Rules and Regulations
(•) The USCG Public Information
Assist Team (FIAT] and th« EPA Public
Affair* Assist Team (PAAT) may help
OSCa and regional or diatxict offices
meet the d»m«m<« fag public information
and participation during major .
response*. Requests for these team*
maybe mad* through the NRG
(f)(l) The RRT should b« activated by
the f3»""*»«M as an emergency response,
team when a discharge or release:
(1) Exceeds the response capability
available to the OSC in the place when
it ocean;
(ii) Transects regional boundaries; or •
(iii)-May post a substantial threat to
the public health, welfare or to the
environment, or to regionally significant •
amounts of propeily. Regional*
contingency plans shall specify detailed
criteria for activation.of.RRTs.
(2) When the RRT Is activated for aa
immediate' r"'H'?"H action, the chairman
shall.be the representative of the lead
agency. When the RRT is activated for a
Fund-financed planned removal or
action, the chairman shall be '
the representative of EPA.
(3) The RRT may be activated during
any pollution emergency by a request
from any RRT representative to the
chairman of the Team. Request for RRT
activation shall later be confirmed in
.writing. Each representative, or an
appropriate alternate, should be notified
immediately when the RRT is activated.
(4) During prolonged removal or
remedial action, the RRT may not need
to be activated or may need to be
activated only in a limited sense, or
have available only those members of
the RRT who an directly affected or can
provide direct response assistance.
(5) When the RRT is activated for a
discharge or release, agency
representatives shall meet at the call of
the *ha
-------
Federal Register / Vol 47. No. 137. Friday. July 16. 1982 / Roles and Regulation* 31211
each standard Federal region and.
when practicable, a Federal local plan
shall be developed.
(b) These plans will be available for
Inspection at EPA regional offices or
USCC district offices. Addresses and
telephone numbers for these offices may
be found in the United States
Government Manual (Issued annually)-
or In local telephone directories,
130042 Re0oneJeonano*ncy plena,
(a) The RRTs. working with ths SUtes,
shall develop Federal regional plans for
each standard Federal region. The
purpose of these'plans is coordination of
a timely, effective response by various
Federal agendas and other
lizations to discharges of oil and
eases of hazardous substances,
pollutants ^mi CTHtaip^HfiTt** in order to
protect public health, welfare and the
environment Regional contingency
plena should include information on *^
useful facilities and resources hi the
region, frt
academic *nr* other sources. To the
greatest extent possible, regional plans
will follow the format of the National
Contingency Plan.
(b) SSCs >hall organize and
coordinate the contributions of
scientists of each region to the response
activities of the OSC and RRT to the
greatest extent possible. SSCs. with
advice from RRT members, (hall also
develop the parts of the regional plan
that relate to scientific .support -
(c) Regional plans shall contain lines
of demarcation between the i^i*"^ nn or the public.
(b) Reports of discharges should be
made to the NRC or thsf nearest USCC
or EPA office. All reports shall be
promptly niayedto the NRC If not '
previously reported to the responsible
OSC Federal regional and Federal local
plans shall provide for prompt reporting
to the NRC RRC and appropriate State
agency (as agreed upon with the State).
(c) Upon receipt of a notification of
discharge, the NRC shall promptly notify
the OSC The OSC shall proceed with
the following phases as outlined in
Federal regional and Federal local
I30O52 Phi
t and Mtfaflon of action*
(a) The OSC for a particular area ia
(b) The preliminary assessment shall
be conducted using available
information, supplemented when
necessary and possible by an on-scene
actions to:
(1) Evaluate the magnitude, and
severity of the discharge or threat to
public health and welfare and the
environment;
(2) Assess the feasibility of removal:
(3) Determine the existence of
potential responsible parties: and
(4) Ensure that jurisdiction exists for
undertaking additional response actions.
(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 surveillance over
whatever actions are initiated. If
effective actions are not being taken to
eliminate the threat or if removal is not
being properly done..the OSC shall so
advise the responsible party. If the
responsible party does not lake-proper
removal actiona. or is unknown, or is
otherwise unavailable, the OSC shall.
pursuant to section 311(c)(l) of the
CWA. determine whether authority for a
Federal response exists.- and. if so, take
appropriate response actions. When
practicable. «™*alt»n imHuT the CWA *"*^ to form the
basis for cost recovery. In general
documentation should be sufficient to
prove the source and drcamstances of
the incident die responsible party or
parties, and impact and potential
impacts to the public health and welfare
and the environment When appropriate.
documentation should also be collected
for scientific understanding of the
environment and for the research and
development of improved response
XX-11
Original
-------
31212 Federal Register / Vol 47. No. 137. Friday. July 18. 1982 / Rules and Regulations
technology. Damages to
private dozens (Including lot* of
earnings) on not addressed by this Plan.
Evidentiary and out documentation
i and requirements an
specified in the USCG Marina Safety
M18000J) and 33 CFR Part 183.
(b) *n»« OSC shall-ensun ***•
necessary collection and saf eguarding of
Information, samples, and reports.
Sample* and information must bt
gathered expeditiously during the
napooM to eniora art accurata record of
the impacts incurred. Documentation
material* shaft be made available to the
trustees of affected natural resources
whan practicable.
(c) Information and reports obtained .
by the- EPA or USCC OSC shall be
_ transmitted to the appropriate offices
responsible la fallow-op actions.
I30OS* General pattern 0*1
(a) When the OSC receives a report of
a discharge, actions normally should be
taken in the following sequences
(1) Immediately notify the RBT. and
NRC when the reported discharge is an
actual or potential major discharge,
(2) Investigate the report to determine
pertinent information such as the threat
po«ed to public health or welfare, or the
environment, tns type and quantity ox
polluting material, and the source of the
discharge.
(3) Officially elaaaify the size of the
discharge and determine the eonne of
action to be followed.
(4) Determine whether a discharger or
other person is property carrying out
removal. Removal is being done
propexiy when.
(i) The dean-op is fully cuffidaat t»
public welfare (removal efforts an
"Improper" to the •»*•«* that Federal
efforts an necessary to prevent further
damage). ^.
(ii) The removal efforts an in
accordance with applicable regulations
and guidelines, including this Plan.
(5) Determine whether a State or
political subdivision has the capability
to cany out response actions and a
contract or cooperative agreement has
been established with the appropriate
fund administrator for this purpose.
(9) Notify the RRT (Including the
affected State). SSC and the trustees of
affected natural resources in accordance
with the applicable regional plan.
(b) The preliminary inquiry will
probably show that the situation falls
into one of five classes. These classes
and the appropriate response to each
an outlined below;
(1) If the investigation shows that no
discharge exists, the case shall be
considered a false alarm and should be
closed.
(2) If the Investigation shows a minor
discharge with the responsible party
taking proper removal action, contact
established with the party.
«K«itiH py monitored
to ensun continued proper action.
(3) If the Investigation shows a minor1
discharge with improper removal action
. being *"i"m, >h» following measures
shall be **^*B»
(1) An immediate effort should be-
mads to stop further pollution.
(il) Tte responsible party shall be
advised of what action will be so
considered expropriate*
(ill) If the responsible party does not
properly respond, he shall be notified of
his potential liability for Federal
response performed under the CWA. '
This liability indudee all costs of
removal and may Include the costs of
assessing and restoring damaged natural
resources and other actual or necessary
costs of a Federal response.
(iv) The-OSC shall notify appropriate
State and local officials, keep the.RRT
advised and Initiate Phase ffl operations
as conditions warrant
(v) Information shall be collected for
possible recovery of response costs In
accordance with i 30O54.
(4) When the investigation shows that
• an actual or potential medium oil
discharge exista. the OSC shall follow
the same general procedures as for a
minor discharge. If appropriate, die OSC
shall recommend activation of the RRT.
(3) When the investigation shows an
actual or potential major oil discharge,
the OSC «hall follow the same .
procednna as for li**n?y and medium
discharges. . "..-.._• _ '
f 3005*
(a) Within 80 daya after the
conclusion of a major discharge or when
requested by the RRT. the EPA or USCC
OSC shall submit to the RRT a complete
report on the response operation and the
actions taken. The OSC shall at the
same time send a copy of the report to
the NRT. The RRT shall review the
OSCs report and prepare an
endorsement to the NRT for review. This
ffh«|l be v B 'i»tpn«h^j within 30 days
after the import has beeu received. -
(b) The OSCs report shall accurately
record the situation as it developed, the
actions talaMu the resources committed
and ffa* problems encountered. The
OSCs recommendations an a source
-for new procedures and policy.
(c) The format for the OSCs report
shall be as follows:
(1) Summary of Events—A
chronological narrative of all events,
including!
(I) The cause of the discharge;
(ii) The initial situation:
(111) Efforts to obtain response by
responsible parties;
(Iv) The organization of the response:
(v) The resources committed:
(vi) The location (water body. State.
city, latitude and longitude) of the oil
discharge and an indication of whether
the discharge was hi connection with
activities regulated under the Outer
Continental Shelf Lands Act (OCSLA),
the Trans-Alaska Pipeline Authority Act
or Deepwatar Port Act or whether it
might have or actually did affect natural
resources managed or protected by the
US:
(vii) Comments on Federal or State
efforts to replace orreston damaged
natural resources and damage
t activities: and
(vlii} Details of any threat abatement
T *y*i7tti)n 3H (cl or (dl
of the CWA.
(2) Effectiveness of Removal
Actions— A candid and thorough
analysis of the effectiveness of removal
actions taken by:
(i) The responsible party;
(11) State and local forces:
(lii) Federal agencies and special
forces: aad
(iv) (If applicable) contractors, private
groups and volunteers.
(3) Problems Encountered— A list of
problems affecting response with
particular attention to problems of
in targe
tal
dination.
(4) Recommendations—OSC
recommendations. Inrludi**^ at* a
(i) Means to prevent a recurrence of
the discharge;
- (if) Improvement of response actions:
(ill) Any recommended changes in the
National Contingency Plan or Federal
regional plan.
130147 Special conaWenflone.
(a) Safaty of Personnel—The OSC
should be awara of threats to human
health and safety and shall ensun that
persons entering the response ana use
proper yieiuutions. proceduns. and
equipment and that they possess proper
training. Federal local plans «hnii
identify sources of information on
anticipated hazards, precautions, and
requirements to protect personnel during
response operations* Names and phone
numbers of people with relevant
Information shall be indudeoV
Responsibility for the safety of all
Federal employees rests with the heads
of their agencies. Accordingly, each
Federal employee on the scene must be
apprised of and conform with OSHA
regulations and other deemed necessary
XX-12
Original
-------
Federal Register / VoL 47, No. 137, Friday, July 13. 1982 / Rules and Regulation!
31213
by tiu OSC All private contractors who
ara working on-site mutt conform to
applicable provision* of tha
Occupational Safety and Health Act and
standards deemed necessary by the
OSC '
(b) Watorfawl Conservation— • Tie
DO1 representative and tha Stete Uaiaon
to tha RRT ihail arrange for tha
coordination of professional and
volunteer group*- permitted *•«! trained
to participate in waterfowl dispersal.
collection, cleaning rehabilitation ""^
recovery activities (consistent with 18
U.S.C, 703-712 and applicable Stete
law*). Federal regional and Federal
local plan* will to tha extant .
practicable, identify organization* or • .
institutions that an permitted to
participate in such activities and
^operate such facilities. Waterfowl
conservation activities will normally be
included in Phase 01 response actions
(1 3OX53 of this subpart).
(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 la
unknown, Federal discharge removal
actions may begin under section
311(c)(l) of the CWA. Tha discharger; If
loiown. is liable for the cost* of Federal
removal in accordance with section
311(f) of tha CWA and other Federal
laws;
(b) Actions undertaken by the-
participating agencies in response to
pollution «h«n be carried out *""i^f
existing programs and authorities when
available. This Plan intends that Federal
agencies wifl make resources available.
expend funds. or participate in response
to oil discharges under their existing
authority. Authority to expend resources
will be in accordance with agencies'
basic statutes and. ifreqnired, through
Intcragency- agreements. Specific
interagency reimbursement agreement*
may be signed when necessary to
ensure that the Federal resource* wifl be
available for a timely response to a
discharge of oiL The ultimate decision
a* to tha .appropriateness of expending
funds rests with the agency that is held
accountable for such expenditure*.
(c) The OSC shall exercise sufficient
control over removal operations to be
able to certify thai reimbursement from
tha following funds is appropriate:
(1) Tha oil pollution fund,
administered by the ffmnanAartt,
USCG, has been established pursuant to
section 31100 of the CWA. Regulations
governing the administration and use of
the fund ara contained in 33 CFR Part
• 153.
(2) The fund authorized by the
Oeepwater Port Act is administered by
the O^PTrindaiiti USCG. Governing
regulation* are contained in 33 CFR *
Parts 139 and ISO.
(3) Tha fund authorized by tha Outer
is administered by tha
regulations an contained in 33 CFR
Parts 138 and IStt
(4) The fund authorized by the Trans*
Alaaka Pipeline Authorization Act la
administered by a Board of Trustees
under the purview of tha Secretary of
tot Interior. Governing regulations an
contained in 43 CFR Part 28.
(d) Response actions other than
removal, such as scientific
Investigations not in support of removal
actions or law enforcement shall be
provided by tha agency with legal -
responsibility for those specific actions.
(e) Tha funding of a response to a
discharge from a Federally operated or
supervised facility or vessel is tha
responsibility of the operating or
supervising agency,
if) The following agencies have funds
available for certain discharge removal
actions;
(1) EPA may provide funds to begin
timely discharge removal actions when -
tha OSC is an EPA representative.
(2) Tha USCG pollution control efforts
an funded under "operating expenses.'*
These funds an used in accordance
with agency directives.
(3) Tot Department of Defense has
two ipniilflc sources of funds which may-
be applicable to an oil.diacharge under
appropriate circumstance*. (This does
noti
rider milits
Mel UllCijP
i which
might be mad* avail
_ _ _ 4» |-| j»—^ \
(i) Funds required for removal of a
sunken vessel or similar obstruction of
navigation an available to the Corps of
Engineers through Civil Works
M- *_»_ — ___- ^ - i
aintenanca. uenerai*
(ii) The U.S. Navy may conduct
salvage operations contingent on
defense operational commitments, when
funded by the requesting agency. Such
funding may be requested on a direct
dta basis.
. (4) Pursuant to section 311(c)(2)(H) of
the CWA. die Stete or States affected by
a discharge of oiL may act whan
necessary to remove such- discharge and
may. pursuant to 33 CFR Part 153. be
reimbursed from die pollution revolving
fund for the reasonable costs Incurred in
such a removal.
(i) Removal by a Stete is necessary
within die meaning of section
311(c)(2)(H) of die CWA when the OSC
determines that die owner or operator of
tha vessel, onshore facility, or offshore
facility from which the discharge occurs
does not effect removal properly, or is
unknown, and that:
(A], Stete action la required to
ypt™4wi<*« Qf mitigate significant damage
to tha public health or welfare which
Federal action cannot minimize or
mitigate, .or
- (B) Removal or partial removal can be
dona by the Stete at a cost which la less
t^«n of apt significantly greater than the.
cost which would b» incurred by the
Federal departments ongendes.
01] Stete removal actions must be la
compliance with thi* Plan in order to
qualify for reimbursement
(ill) Stete remove! actions an
considered to be Phase HI actions, under
tha same «i«fl«
-------
31214 Federal Register / VoL 47. No. 137. Friday. July 16. 1982 / Rulea and Regulations
(3) Be sensitive to local community
concerns (In accordance with applicable
guidance). '
(4) Rely on established technology
when feasible and cost-effective.
(9) Encourage the participation and
sharing of technology by industry and
130002 State roJe.
(a) States an encouraged to .
actions authorized under *^<«
930O43 Phaee I Ptacooery or
tubpart Section 104(41(1) of CERCLA
authorizes EPA to enter into contract* or
cooperative agreements with the State
to take response actions authorized
under CERCLA. when EPA detenmnee
that the State has the capability to
undertake such actions*
(b) EPA will provide assistance from
the Fund to States pursuant to a contract
or cooperative agreement. The
agreement can authorize States to
undertake most actions specified in this
Subpart
(cKl) Pursuant to section 104(c)(3) of
CERCLA, before any Fund-financed
remedial action may be taken, the ,
' affected State(sl must enter into a
cuiio1 act or cooperative sgieement with
th« Fedenl government.
(2) Included in such contract or
cooperative agreement must b«
assurances by-the State consistent with
requirements of section !04(cH3) of
CERCLA.
(d) Prior to remedial design activity.
the State must m*kt a firm T>nf*T'i3nt.
through either a cooperative agreement
or a new or amended State, contract to
provide funding- for remedial
(1) Authorizing the reduction of a
State credit to cover its share of costs;
(2) Identifying currently available
funds earmarked for remedial
implementation: or
(3) Submitting a plan with milestone*
for obtaining necessary funds.
(e) State credits allowed under section
104(c)(3) of CERCLA must be
documented on a site-specific basis for
State out-of pocket non-Federal eligible
response costs between January 1. 1978.
and December 11, I960. Prior to remedial
investigation activity at a site, the State
must submit its estimate of these costs
as a part of the pre-application package
when a cooperative agreement is used.
or as a part of the State contract State
credits will be applied against State cost
shares for Federally-funded rrnnrriial
actions. A State cannot be reimbursed
from the Fund for credit in excess of its
matching share.
(f) Pursuant to section 104(e)(Z) of
CERCLA. prior to determining any
appropriate remedial action, EPA shall
consult with the affected State or States.
(a) A release may be discovered
through:
(1) Notification hi accordance with
sections 103(a) or (c) of CERCLA:
(2) Investigation by government
authorities conducted in accordance
with section 104(e) of CERCLA or other
statutory authority!
(3) Notification of a release by a
Federal or State permit holder when
required by its permit:
(4) Inventory etforovor random or
incidental observatioB by ftovemmeut
agencies or the public
(9) Other sources.
(o) If not reported previously, a
release should be promptly reported to .
the NRC Section 103(a) of CERCLA
requires' any person In charge of a. vessel
or facility to immediately notify the- NRC
as soon as he has knowledge of a
release (other than a federally permitted
release) of a hazardous substance from
such vessel or facility hi an.amount
equal to or greater than the reportablsr
quantity determined pursuant to section
102(b) of CERCLA. The NRC shall
convey-the notification expedittonsly to
appropriate government agendas, and in
the case of notice* received pursuant to
section 103(a). the NRC shall also notify
the Governor of any affected State.
(c) Upon receipt of a notification of a
release, the NRC shall promptly notify
the appropriate OSC,
J 50054 Ptaeen-^reOrrinary
(a) A preliminary assessment of a
release identified for possible CERCLA
response should be undertaken by the
lead agency. If the reported release
p^^nt^ny ptti|uiCTS immediate removal.
the preliminary assessment should be
done as promptly as possible. Other
releases shall be assessed as soon as
practicable. Tb« lead agency should
base its assessment on readily available'
inf^rmi ^JTIL This assessment may
include:
(1) Evaluation of the magnitude of the
hazard:
(Zl Identification of the source and
nature of the release:
(3) Determination of the existence of a
non-Federal party or parties ready,
willing, "H able to undertake a proper
response: and-
(4) Evaluation of factors necessary to
make the determination of whether
immediate removal is necessary.
(b) A preliminary assessment of
releases from hazardous waste
management facilities may include
collection or review of data such as site
management practices* information from
generators, phu togr ap hs« analysis of
historical photographs, literature
searches, and personal interviews
conducted as appropriate. In addition, a
perimeter (off-site) inspection may be
necessary to determine the potential for
a release. Finally, If more information is
needed, a site visit may be performed, if
conditions are such that it may be
performed safely.
(e) A preliminary assessment should
be terminated when the OSC
determines:
(1) There is no release:
(2) The source is neither a vessel nor a
facility:
(3) Th» release tavohret neither a
hazardous substance, nor a pollutant or
contaminant *net may pose an imminent
an<\ substantial danger to public health
or welfare:
(4) The amount released does not
warrant Federal response:
(9) A party anpensible for the release.
or any other person, is providing
appropriate response, and an-«cene
recommended or approved by the lead
agency, or
(0) The assessment is completed-
in
(a) IB determining the appropriate
extent of action to be taken at a given
release, the- lead sgency shall first
review the preliminary assessment to
determine if immediate removal action
is appropriate. Immediate removal
action shall be deemed appropriate in
those, cases in which the lead agency
determines that the. Initiation of
immediate removal action wifl prevent
or mitigate Immediate and significant
risk of harm to human Ufa or health- or to
(1) Human, animal, or food chain
exposure to acutely toxic substances:
(2) Contamination of a drinking water
supply:
(3) Fire and/or explosion: or
(4) Similarly acute situations.
[b) If the lead agency determines that
immediate removal is appropriate,
defensive actions should begin as soon
as possible to prevent or mitigate danger
to the public health, welfare, or the
environment Actions may include, but
an not limited to:
(1) Collecting and analyzing samples
to determine the source and dispersion
of the hazardous substance and
documenting those samples for possible
evidentiary use.
(2) Providing alternative water
supplies.
(3) Installing security fencing or other
measures to limit access.
(4) Controlling the source of release.
(5) Measuring and sampling.
XX-14
Original
-------
Federal Register / VoL 47. No. 137. Friday. July 16. 1982 / Roles and Regulations
31215
(6) Moving hazardous substances off*
lite tot storage. destruction. treatment
or diiposal provided that the substances
an moved to a •facility that is In
compliance wtth subtitle C of the Solid
Waste Disposal Act as amended by the
Resource f-viit^r^VrF1! and Recovery *
Act
(7) Placing physical banian to deter
the spread of the release.
(8) ''Controlling' the weter discharge
(9) Recogmeadmg to appropriate
sutbuiilles the wecuation of thieetened
individuals.
(10 Using Theiiili.n Is •and -otfaer
materiaia in accordance with Strbpart U
to restrain the spread of the
and to mitigate its effects.
(11) Executing ds
(ii) a
salvage i
trol or
_ (operations,
(c) Immediate iemu*ei •«**<*"«• an
complete 'when, in *V^ opimoa. of *^*Q
lead agency, the criteria in subsection
(a) of i 30&AS an no longer met tod any
contaminated waste materials
^transported-off-site have beea treated or
.* disposed of properly*
(d) Immediate removal ecaao shall be
termtnated-sfter SI million he* been
obligetedior the action or six months
have elapsed from the date of Initial
response to a release or threatened
release •unless .it is dstenmsied that
. (i) Continued jespon-e actions-are •
. hnmediateiy **ra*»i\-tti lummuit, Unit or
.'mitigatean emergency:
, (2)t3i«rB-tsaaimn»ediaaBTisk to
^public health erwlfan or-ae
-" (3) Such eeeiatance wtfl mmaherwise
be provided OB a-timaiy&asia. -
(ej If the lead agency deterariaas-tiaU
tk« r»l»m»**ta\ may raifait* .pi aim arl
removal or remedial action, me Jaad
agency xv a State "*ay initiate. •***'••
«jTtasy immediate
to paoons living or woridng naer*
the facility. In fff^T* 1. *h* T^llfl^tign of
fflepectronxctiviiias*
(itnaflons m which
risk to the j*"
exceptions-to £hsi practice. Examples of
appennt ^"^ include usa«of aeasby''
weus tor orinjunff vratex. ^dti2e&
T
ial.
Qet.t
istnu ja fht -vicinity
ofthara
should b« d«yalop«l ior ttu iup^ctioa
to s^low far titm fluiiaUt pfft.rib.iaf
tsi Tbfl SltA
inspection may also address:
Immediate rem
PI) Assessing i
Bla.lyp.H4nd
location oflazazdoas suhstaaoesetaced;
(ffi) Assessing pntentialior
substaneee to migrata from anas where
they wen originafly located:
(hr) Determining or dnriimenUng -
immediate threats to the public or
fd) Method* for Est
Priorities (11 States that wish to submit
candidates for the NationaLKdorities
Ust iffust"nitBff ^hy Mazaid ?ffiil.inff
System {mdud«dinjVppendixA) lo
rank the releases.
(2)^PA wiH notity Stats*«t least
rfilrty Aff* pr4m» fft tha g^adlme for
submitting ffisprffdn^ jwfcfts^f fcr the
National •Priorities Ust or any
subsequent, revisions.
13) •Each^tsta jB4iy rirmignatn • Jadlity
as the State's highest priority release by
certifying, in writing signed 1>y the
Governor or (he Governor's rienignim,
that the facility presents Ihe greatest
'
the State.
{ej National PnaeiMe* Last, (l]
CmnpiTfaig the National Priorities List—
EPA Regional .Office mil review State
application -of *r*^ ffsTsni Ranking
System *n$ may »«^^- in <**m*Mi^p*jnii
with the States, any »^^< M«T»«| priority
releases known io EPA. Tie States'
priorities win ie-rwdewed and
Consolidated "by ^^A H»
a National Priorities -List pursuant to
section aCB(B) of CZRCLA. To the extent
priority facility will be included among .
the one hundred highest priority
facilities.
(2) No facilities presently owned oy
the Federal Government will be
Included on the National Priorities Use
(3) EPA wifl submit the recommended
National Priorities Ust to the NRT for
review and comment
WEPA wffl pnofish a proposed
National PriBtrttes lift for public
(5)Tlie National Priorities Ust is
hazard ranking
releases
ot accurately differentiate
amoagirisks -senesseated by -the releases.
Thus, in order to avoid misleading the
publlcahatTsaJ.difiBiJiiraa.aidak east
NatiaaaLPrieritiesUsfc
(7J EPA will revise end publish the
National Morales List at least once
annually. In arirtitina, jeviaiegs will ghre
notice-of "trie-deletion iff aoyj efnmeeee
previonary.iieted.
1 30027 meeeV— PtanrMd
(a) Ptaaned temaval oay be-
undertaken punuaot to a contractor
coop«rativ« agMcaant wkeo the load
(1) Then would he s-snaetaatialicoet
savings by-confiamng a .raspease .action
with the equipment andiasumces
aetiaaiakeu piusuautte i 30064. but
' terminate
klie
wUlbestnlski
L exposunte
lifrespoBse-is
dekyed et* relseee not oatne Natiomu
Priorities Ust
(b) PJaaned Minevel most be
reonosted«oy the -Ge v vrnur -of the
affected &at»or Ida d«*ifne«. Requests
moat lncind«:
(1) A description of the nature and
extant of the release;
(2) A description of actions taken or
underway at the site:
(3) Auieacriptios of the proposed
plannedjamovel: and
(4) AsaaEeaoes that the State will pay
at least 20 pexceat of .the«oete of the
or at leeet SO pwceat or such gteatar
amount as EPA may determine
appropriete. lalong.into account the
degree of reoponalbiUty of the State -or
political subdivision, of any nuns
expended in response -to -a .release at*
facility thet-waa owned at the time -of
any disposal ef hazardous substances
therein by the State ar-a 'political
subdivision thereof.
XX-15
Original
-------
31218 Federal Register / Vol 47. No. 137. Friday. July 16. 1982 / Rules and Regulations
(c) Among the factor* that EPA will
use to determine whether a planned
removal la appropriate under
| 30)
(111) Contaminated drinking water at
the tap. (Measures might include the
temporary provision of aa alternative
water supply.)
(Iv) Hazardoua substances in drama,
barrels, tank*, or other bulk storage
containers, above surface posing a
serious threat to public health or the
environment (Meaauns.might include
transport of drums off-site.)
(v) Highly contaminated soil* largely
at or near surface, posing a serious
threat to public health or the
environment (Measures might include
temporary capping or removal of highly
contaminated soils from drainage
areas.)
(vi) Serious threat of fire or explosion-
or other serious threat to public health
or the environment (Measure* might
include security or drum removal.)
(vii) Weather conditions that may
cause substances to migrate and to pose
a serious threat to public health or the -
environment (Measures might include
stabilization of berma. dikes or
(2) Source control remedial actions
may be appropriate if a substantial
concentration of hazardous substance*
remaia at or near the area where they •
were originally located aad inadequate
barrier* cxiat to retard migration of
substances* into the environment. Source
control remedial actions may not be
appropriate if most substance* have
migrated from the ana when originally
located or if the lead agency determine*
that the substance* are- adequately
actions may indada-alternatives to
contain the hazardoua substances when
they an located or eliminate potential
contamination by transporting the
hazardous substances to e new location,
The following criteria should be
assessed in determining whether and
what type of source control remedial
actiona should b* considered:
(i) The extent to which substances
pose a danger to public health, welfare..
or the environment Factors which
should be considered in assessing this
danger include:
(A) Population at risk:
(B) Amount and form of the substance
present
(C) Hazardous properties of the
substances;
(D) Hydrogeologicai factors (e.g. soil
permeability depth to saturated zone.
hydroiogic gradients, proximity to a
drinking water aquifer); and
(E) Climate (rainfall, etc.).
XX-16
Original
-------
Federal Register / VoL 47, No. 137, Friday, July 16. 1982 / Rules and Regulations
3121!
(U) The extent to which substances
have migrated or u*. contained by either
natural or man-made barters.
(UllThe experiencee and approaches
used IB similar si roaauns by State and
Federal agendesand private parties.
(ivj environmental enacts and weifsn
(3) In tome situations it may be
appropriate to take action (referred to as
offsite remedial actions} lo minimize
and mitigate the migration of hazardous
substances and the effecta«f «uch
migration. These actions may 4>e .taken
when the lead apeacy determines that
source control remedial actioae may not
effectively mitigate and *"**"<*• the •
threat and then-is a significant thnatlo
public health, welfare, «r me
will result xrom coEBtsnioanon tnat oas
migrated beyond .me ABSB where mo
hazardous substances were originally
located. Offsite messages may Jndnde
provision of permanent -alternative
water supplies, •sanasjemantstt'a
drinking iMster aquifer pkame-ar
The following criteria should be seed in •
determining whether and what type of
offsite remedial actions should fee
considered:
(i) Contribution of the mrrfamlrtation
to an air. land or water pollution
problem*
(U) The extent to which the
substances beve migrated or ase
expected to migtaieiram the area of
their "TfgiMl J«"«<"« and whether
continued migration may pose a danger
to public health, wsifaw or flrnrirnnmsnt,
(Ui) The extent to wnich aatuatl or
i barrieEs currently »»««*•<• *t««
hazardous
of the barriers.
(iv| The factors list ad Jn paiagraph
(e)(2)m of this section.
(v) Tb« expafienees ami approach*!
used in similar situations by State and
Federal agencies and private parties.
(iv) Environmental effects and welfare
concerns.
(f) A remedial investigation should be
undertaken by the feed agency tor
responsible part? if me responsible
party will be developing a dean-op
proposal) to determine the nature and
extent of the •problem presented by the
release. This includes sampling and
monitoring, as necessary, and includes
the gathering of sufficient information to
determine me necessity for and
proposed extent of remedial action.
During the remedial investigation, the
original scoping of the project maybe
modified based on the factors Jn
I 300. ~;(a). Part of the remedial
investigation involves assessing
whether the threat can be mitigated and
by conti'oUing the source of
at Qf near the area
where the hazardous substances wece
originally located (source control
remedial a«**<>m«j at whether additional
actions wul La necessary because the
hazardous substances have migrated
from the area of Their original location
(offsita remedial actions).
(gj DmJopmmt of Atiematrna. A
limited number -of alternatives should 'be
developed for either sooreeconttoi or
offsite remedial actions -for both)
depending upon the type of assaoaae
that has seen identified under
paragraphs '(eJ.sjKi'tf) of thisveetionas
being appropriate. One alternative may
be a no-action alternative. Nbtactioa
alternatives an appropriate, for
example, wnenTesnnnse artinn may
cause agasal
al at -health
upon the assessment omdnnted under
* ^e) and (fJ of ihls .section and
offsite nsmedial actions detacnuned IQ
be sppzopriata under paragraphs •(e) and
(f) of this section.
(h) Initial Scnenwg of Alternatives.
The alternatives developed under
paragraph (g] of this section wiQ be
subjected to'smttrrlnl jcietuingto
narrow the fist of potential remedial
Mliuus for Tvtner detaned analysis.
Three broad •criteria should bettsed in
the Initial screening of alternatives;
(1) Coet Tor each alternative, (he east
of installing or implementing the
remedial action must be considensd.
Including eferatiea end maiBtenance
coeta. An^aJtemati^e thai far exuuads
te4. by an order of magnitude) the costs
of other alternatives evaluated and mat
does not provide substantially gnatar
public health or eorvonmennuibenent
should usually be -excluded iram further
[Z] fffeets of th» AJta*aatfn.-
effects of eachaliaraative aaould be
evelaated in Owe ways: Ji) Whether the
altamative itself «r Jts tmstiemeolation
has any adverse »»*«ii'VM|Bn^ enTectc
and (ii) for sou
itral remedial
actions, whether the alternative U likely
to achieve adequate control at .scarce
DAtfi&Ae* -Of for o£CeUieY
whether the altamative is likely te
e£f actively jnxtigale *n^ ^ninimize the
threat of ^"»f^* Jo mi^3^ h/tai^ha welfare
or the environment. & ao ^^n'^tivB has
significant advene effects, it should he
Only those alternatives lhat effectively
contribute to protection of public healu.
welfare, or fhe enyironment fhffulri oe
considered farther.
(3) Acceptable Engineering Practices.
Alternatives must be .feasible for the
location and conditions of the release.
applicable to the problem, and represent
a reliable ""»•"« of addressing the
problem.
tymim nf A ttxmrrtrv
(1) A more detaflfld -evaluation .will be
conducted of ^h^ Ujsited number of
alternatives ^at »«»»t«dordar to
complete the analysis.
(flThe appropriate extent of remedy
shall be-detennmed by the lead agency's
selection of -the remedial ahemative
which the agency ^determines
-------
31218 Federal Register / Vol 47. No: 137", Friday. July 16. 1982 / Rules and Regulations
condition, the Identity of responsible
parties, accurate accounting of Federal
costs incurred, and Impacts and
potential impacts to the public health.
(b) The Information <"^ reports
• obtained by the lead agency for Fund-
fln*mui\ response action should be
transmitted to the RRC Copies can then
be forwarded to the NKT. members of
the RRT. and others as appropriate;
ftt&TO
(a) Tile following section lists
methods for remedying releases mat
may be considered by the lead agency In
taking response action. This list of
methods should not be considered
inclusive of aH possible methods of
remedying releases.
(b) Engineering Methods foe On-SIta
Action*.—n^f thus fusing* treatment
before release to the atmosphere. Then
are two basic types of gas treatment
systems:
(A) Vapor phase adsorption:1
(B) Thermal oxidation.
(11) Direct waste treatment methods-'
In most cases, these techniques can be
solutions. Many of these direct
treatment methods are not fully
developed and the applications and
process reliability are aot well
'demonstrated. Use of these techniques
for waste treatment may require
considerable pilot plant work.
Technologies applicable to the direct
treatment of wastes are:
(A) Biological methods:
[1] Treatment via modified
conventional wastewatar treatment
techniques:
(2} Anaerobic, aerated and facultative
lagoons:
(J) Supported growth biological.
reactors.
(B) Chemical methods:
[1] Chlorination;
(2) Precipitation, Sacculation,
sedimentation:
(J) Neutralization:
[4] Equalization;
(fl- Chemical oxidation.
(Q Physical methods:
• (1) Air stripping;
[2] Carbon absorption:
(3) Ion exchange;
tfl Reverse osmosis:
(J) Permeable bed treatment
(61 Wet air vi'f^frt '•
\f] Incineration.
(Ill) Contaminated soils and
sediments—in some cases when It can
be shown to be cost-effective,
contaminated sediments and soils will •
be treated on the site. Technologies
available inchninr
(A) Incineration:
(B) Wat air oxidation:
(Q Solidification:
(D) Encapsulation:
(E) In sin treatment
(1} Solution "»«^"g, (soil washing or
soil flushing}:
.(7) Neutralization/detoxification;
(3) Microbiological degradation.
(cj Offsite Transport far Storage.
Treatment. Des traction or Secure
Disposition*—(I] GaneraJ—OBsitB
transport or storage; treatment
destruction, or secure disposition ofbita
may be provided in eases when EPA
determines that such actions:
(i) An more cost-effective than other
forms of remedial actions;
(II) Will create new capacity to
manage, in compliance with Subtitle C
of the Solid Waste Disposal Act
hazardous substances in addition to
those located at the affected facility; or
(lii) An necessary to protect public
health, welfare, or the environment from
a present or potential risk which may be
created by further exposura to the
• continued presence of such substances
or materials..
(2) Contaminated soils and sediments
may be removed from the site.
Technologies used to remove
contaminated sediments on soils
include:
({} Excavation:
(11) Hydraulic dredging;
(ill) Mechanical dredging.
(d) Provision of Alternative Water
Supplies—Alternative water supplies
can ba provided in several ways:
XX-18
Original
-------
Federal Register / VoL47. Na 137. Friday. July 16. 1982 / Rulea and Regulation* 31219
(1) Provision of Individual treatment
units;
(2) Provision of water distribution
system:
(3) Provision of new wells in a new
location or deeper walls;
(4) Provision of cisterns;
(5) Provision of bottled or treated
water;
(0) Provision of upgraded treatment
for existing distribution systems.
(e) to/ocnl/en—Permanent relocation
of residentA) businesses* *n<^ community
facilities may be provided where it is
determined that h""1"1 health is in
danger and that alone or in combination
with other measures, relocation would
bo coat-effective and environmentally
preferable to other remedial response.
Temporary relocation may also be'taken
in appropriate ciH»umstanf!*a.
I300L71 Worker iMeflii end safety.
Lead agency personnel should be
aware of K^T«rdi. due to a release of
hazardous substances, to human health
and safety and exercise gnat caution in
allowing civilian or government
personnel into an affected area until the
nature of the release has been
ascertained. Accordingly, the OSC or
responsible official must conform to
applicable OSHA requirements and
other guidance. All private contractors
who are working at the scene of a
release must conform to applicable
provisions of the Occupational Safety
and Health Act and any other
requirements deemed necessary by the
lead agency.
Subpart Q—Truateee for Natural
R<
f 90QL72 Oeej^natiofi off Fedef el trustees
When natural resources are lost or
damaged as a result of a discharge of oil
or release of a hazardous substance, the
following officials «ra designated to act
ss Federal trustees pursuant to section
lll(h](l) of CERCLA for purposes of
sections lll(h)(l). lll(b) and 107(0 of
CSRCLA:
(a)(l) Natural Resource Lou. Damage
to resources of any kind located on. over
or under land subject to the
management or protection of a Federal
land managing agency, other than land •
or resources in or under United States
waters that are navigable by deep draft
vessels, including waters of the
contiguous zone and parts of the high
seas to which the National Contingency
Plan is applicable and other waters
subject to tidal influence.
(2) Trustee. The head of the Federal
land managing agency, or the head of
any other single entity designated by it
to act as trustee for-a specific resource.
$\(\) Natural Resource Loss. Damage
to fixed or non-fixed resources subject
to the management or protection of a
Federal agency, other than land in
resources in or under United States
waters that are navigable by deep draft
vessels, including waters of the
contiguous zone and parti of the high
seaa to which the National Contingency
Plan is applicable and other waters
subject to tidal influence,
(2) Trustee. The head of the Federal
agency authorized to manage or protect
these resources by statute, or the head
of any other single entity designated by
it to act aa trustee, for a specific
(c)(l) Natural Resourc* Lost. Damage
to resource of any kind subject to the
management or protection of a Federal-
agency and lying in or under United
Statea waters that are navigable by
deep draft vessels. hu*Hi«n.ij waters of
the contiguous zone and parti of the
high seaa to which the National
Contingency Plan is applicable and
other waters subject to tidal influence,
and upland areas serving aa habitat for
marine mammal* and other species
subject to the protective jurisdiction of
NOAA.
(2) Trustee The Secretary of
Commerce or the head of any other
single Federal entity designated by it to
act as trustee for a specific resource;
provided, however, that where resources
an subject to the statutory authorities
and jurisdictions of the Secretaries of
the Departments of Commerce or the
Interior, they shall act aa co-trustees.
(d](l) Natural Rfsourc* Lout.
Damages to natural resources protected
by treaty (or other authority pertaining
to Native American tribes) or located on
lands held by the United States in trust
for Native American- communities or
individuals.
(2] Trustee. The Secretary of the
Department of the Interior, or the head
of any other single Federal entity
designated by it to act as trustee for
specific resources.
1300.73 State trustee*.
Pursuant to section lll(h)(l) of
CZRCLA and for purposes of sections
lll(h)(l). lll(b) and 107(f) of CZRCLA.
States may set as trustee for damage to
resources within the boundary of a State
belonging to, managed by. controlled by,
or appertaining to such State.
1300.74 ReaponalbtUttaa of trust***.
(a) The Federal trustees for natural
resources shall be responsible for
assessing damages to the resources in
accordance with regulations
promulgated under section 301(c) of
CERCLA. seeking recovery for the losses
from the person responsible or from the
Fund, and devising and carrying out
restoration, rehabilitation and __
replacement plans pursuant to CERCLA.
(b) Where there are multiple trustees.
because of co-existing or contiguous
natural resources or concurrent
jurisdictions* they «"*n coordinate and
cooperate in carrying out these
responsibilities. .
Subpart H— of Otepenants and
Other Oiemtaatt
{mil Oemrat
(a) Section 311(c)(2)(Q of the Clean.
Water Act requires that EPA prepare a
schedule of dispersanU and other
chemicals, if any, that may be used in
carrying out the plan.
(b) The OSC, with the concurrence of
the EPA representative to the RRT and
In consultation with the States, may
authorize the use of dispersants and
other r^*mlr*lt on oil spills; provided.
however, that such dispersants and
other chemicals must be on the list of
accepted dispersanU prepared by EPA.
(c) In the case of dispersanU and
other chemicals not included on the lilt
of accepted dispersants. EPA will
continue to authorize use on a case-by*
case-basis. Case-by-case approvals will
be made by the Administrator or her
designea.
XX-19
Original
-------
ANNEX XXI
3100 INDEX OF OTHER RELEVANT OPERATIONS/CONTINGENCY PLANS
(to be developed by the North Coastal Team)
XXI-1 Original
-------
ANNEX XXI
3100 INDEX OF OTHER RELEVANT OPERATIONS/CONTINGENCY PLANS
(To be developed by North Coastal Team)
U.S.GPOtl979-692-M8/305 •. •• XXI-1 Original
------- |