REGION 4
OIL AND HAZARDOUS SUBSTANCES
CONTINGENCY PLAN
FIFTH REVISION
MARCH I960
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND ST.
ATLANTA,GEORGIA 30308
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*
** \
" f UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
349 COURTLAND STREET
ATLANTA. GEORGIA 30308
To Whom It May Concern:
This is the Fifth Revision of the Environmental Protection Agency's
"Region IV, Oil and Hazardous Substances Contingency Plan." As you will
notice, this plan is printed so that subsequent changes may be added
without reproducing the entire plan.
The original and subsequent revisions of this plan discussed cleanup
techniques as well as giving phone numbers and addresses of responsible
government officials. In this, the Fifth Revision, major emphasis has
been placed on providing information which will facilitate contacting
the appropriate government official concerning oil and hazardous substance
spills . Appropriate Region IV delegations of authority are included in
this plan. Cleanup techniques are not discussed primarily because they
are now widely known and would only add bulk to an otherwise useful document .
We hope this plan will be a helpful, working publication, and if you
have any questions, please feel free to call.
Sincerely yours,
|\
Rebecca W. Hanmer
Regional Administrator
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
34B COURTLAND STREET
ATLANTA. GEORGIA 30308
Gentlemen:
The enclosed document is the Fifth Revision of the Environmental Protection
Agency's "Region IV Oil and Hazardous Substances Contingency Plan." This
plan reflects revisions in the "National Oil and Hazardous Substances
Pollution Contingency Plan" made necessary by the Clean Water Act
amendments of 1977 and promulgation of the "Hazardous Substances"
regulations (40 CFR Part 116-117, August 29, 1979). A copy of the
National Plan is incorporated in the Regional Plan for your information.
Additional copies of the Regional Contingency Plan are available by
contacting this office (404) 881-3931 or writing:
U. S. Environmental Protection Agency
345 Courtland Street, H. E.
Atlanta, Georgia 30365
ATTN: Environmental Emergency Branch
Sincerely,
Al 3. Smith, Chief
Environmental Emergency Branch
Enforcement Division
Enclosure
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REGION IV
OIL AND HAZARDOUS MATERIAL
CONTINGENCY PLAN
(FIFTH REVISION)
MARCH 1980
ENVIRONMENTAL PROTECTION AGENCY
345 Courtland Street, N.E.
Atlanta, Georgia 30308
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Table of Contents
Page Number
Introduction 2-3
Spill Reporting 3
Response Policy 3-4
Communication Matrix 5
Officials and Telephone Numbers
U.S. Coast Guard 6-10
EPA Regional Offices 11-13
State Agencies 14-18
Regional Response Center 19
Regional Response Team Members 20-21
Boundaries 21-23
On-Scene Coordinator 23
Clean-Up Contractors 24-25
National Plan Appendix
State Contingency Plan Appendix 2
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NOTICE
The Federal Water Pollution Control Act, as amended, (33 U.S.C.
1151 et secL.) by the Clean Water Act of 1977, states in Section 311:
"The Congress declares that it is the policy of the United States
that there should be no discharges of oil or hazardous substances
into or upon the navigable waters of the United States, adjoining
shorelines or into or upon the waters of the contiguous zone."
This Plan then outlines Federal responsibilities for spills of both
oil and hazardous substances in all inland "waters of the United
States." Federal law (and this plan) also identifies roles for
the state agencies in spill situations.
Since Section 311 proposes stiff Federal penalties for spilling oil
and/or hazardous substances and failing to report to the proper Federal
agency, this plan includes phone nunbers of appropriate Federal
officials of the United States Coast Guard and the Environmental
Protection Agency (.EPA). Also included are the names and telephone
numbers of responsible State officials.
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INTRODUCTION
It is assumed that the reader will gather pertinent information as
to the Federal regulations identifying "spills" and reporting
procedures; therefore, the bulk of this plan is reserved for spill
response activities. Also, it is noted that to make this an "action"
document it is, intentionally, brief - but, hopefully, informative.
For additional legal and legislative understanding, please refer to:
(1) 33 U.S.C. 1151 et. seq.. (The Federal Water Pollution Control
Act as amended by the Clean Water Act of 1977).
(2) 40 C.F.R., Part 110, (Discharge of Oil).
(3) 33 C.F.R., Part 153, (Control of Pollution by Oil and
Hazardous Substances, Discharge Removal). Also, Part
154 through Part 156, (Spill Prevention).
(4) Executive Order 11735.
(5) 40 C.F.R., Part 112, (Oil Pollution Prevention).
(6) 40 C.F.R., Parts 116 and 117, (Hazardous Substances,
Designation and Determination of Reportable Quantities).
As a final note, the holder is reminded that this plan is for south-
eastern inland waters; that is, those waters in the States of
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee that are not subject to the ebb and
flow of the tide and are not navigable by deep draft vessels. Deep
draft vessels are considered to be those ships drawing 12' of water
and requiring a minimm of 15' in maintained dredged channel. Certain
recorded agreements between the Environmental Protection Agency,
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Region IV, the Eighth United Coast Guard District, the Fifth United
States Coast Guard District, and the Seventh United States Coast
Guard District, define inland waters geometrically. Information
about such agreements can be obtained by calling the Environmental
Protection Agency Regional Response Center: AC 404/881-4062.
SPILL REPORTING
According to 33 C.F.R., Part 153.203(b), the U.S. Coast Guard National
Response Center maintains a 24-hour toll free telephone number to
facilitate the reporting of oil and hazardous material spills.
The toll free number is 1-800-424-8802. All spills of oil or
hazardous substances should be reported to this number. If it is
inpractical to call this toll free nunfaer, then the spill may legally
be reported in EPA, Region IV, to: 404/881-4062 - 7 days/week,
24 hours/day.
RESPONSE POLICY
The Emergency Response Program and the Uncontrolled Hazardous Waste
Site Program are two of EPA's highest priority programs. The emergency
response activities of the Region will continue at its present rate.
The enactment of the Hazardous Substance regulations places emphasis
on the spillage of chemicals into the environment.
The primary emphasis of the Uncontrolled Hazardous Waste Site Program
is protecting public health and the environment by controlling dis-
charges from hazardous waste sites using emergency assistance and
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containment actions. The emphasis primarily will be for on-site
containment and runoff treatment. Off-site transport will have to
be a 20-year cost effective measure as opposed to on-site containment.
Local and state officials will be involved in the planning of any
activity at waste sites.
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UNTIED STATES COAST GUARD
SECOND COAST GUARD DISTRICT
District Office: Second Coast Guard District
1430 Olive Street
St. Louis, MO 63103
24-Hr. Eknergency Telephone Number: 314/425-4614
Marine Environmental Protection Branch Telephone: 314/425-4655 (Conm.)
FTS: 279-4655
KENTUCKY
TENNESSEE
VEST VIRGINIA
MARINE SAFETY OFFICES (MSO)
U.S. Coast Guard
P.O. Box 1153
600 Federal Place, Room 360A
Louisville, KY 40201
Telephone: 502/582-5194 (Conmercial)
352-5194 (FTS)
U.S. Coast Guard
P.O. Box 1400
215 Katerjon Building
Paducah, KY 42001
Telephone: 502/442-1621 (Comnercial)
352-7361 (FTS)
U.S. Coast Guard
Suite 1134
100 N. Main Blvd.
Memphis, TN 38103
Telephone: 901/521-3941 (Conmercial)
222-3941 (FTS)
901/521-3912 (after 4:00 p.m.)
U.S. Coast Guard
U.S. Court House Annex, A-935
110 Ninth Avenue South
Nashville, TS 37203
Telephone: 615/251-5421 (Comnercial)
852-5421 (FTS)
U.S. Coast Guard
P.O. Box 2412
6th & 9th St.
Pritchard Building
Huntington, W.V. 25725
Telephone: 304/529-5524 (Conmercial)
924-5524 (FTS)
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UNITED STATES COAST GUARD (Continued)
OHIO
MISSISSIPPI
ALABAMA
INDIANA
U.S. Coast Guard
4335 River Rd.
Cincinnati, Ohio 45204
Telephone: 513/684-3295 (Conmercial)
684-3295 (FTS)
MARINE SAFETY DETACHMENTS
Marine Safety Detachment
P.O. Box 882
Greenville, MS 38701
Telephone: 601/332-0964 (Conmercial)
497-2400 (FTS)
Marine Safety Detachment
Room 306
402 Lee Street
Decatur, AL 35601
Telephone: 205/355-7158 (Commercial)
Marine Safety Detachment
P.O. Box 3391
Federal Building, Room 235
Evansville, Indiana 47731
Telephone: 812/424-2717 (Conmercial)
335-6275 (FTS)
TFTH COAST GUARD DISTRICT
District Office:
NORTH CAROLINA:
Fifth Coast Guard District
Federal Building
431 Crawford Street
Portsmouth, Virginia 23705
Telephone: 804/398-6231 (24-hr, emergency)
827-9231 (FTS)
Marine Environmental Protection Branch
Telephone: 804/398-6383 (Conmercial)
827-9383 (FTS)
MARINE SAFETY OFFICE (MSO)
U.S. Coast Guard
201 North Front St., Suite 20
First Union Sank Building
Wilmington, N.C. 28401
Telephone: 919/343-4895
671-4895 (FTS)
919/343-4895 (24-hr.)
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UNITED STATES COAST GUARD (Continued)
MARINE SAFETY DETACHMENT
NORTH CAROLINA: Marine Safety Detachment
Maritime Bldg, Boom 128
113 Arendell St.
Morehead City, N.C. 28557
Telephone: 919/726-1525 (Comnercial)
670-2438 (FTS)
C6 Group
Fort Macon
Atlantic Beach, N.C.
919/726-3134 (24-hr.)
SEVENTH COAST GUARD DISTRICT
District Office: Seventh Coast Guard District
Federal Building, Room 1230
51 S.W. First Avenue
Miami FL 33130
24-Hr. Emergency Telephone Number: 305/350-5611
Marine Environmental Protection Branch:
Telephone: 305/350-5276/5651 (Comnercial)
350-5276 (FTS)
MARINE SAFETY OFFICES (MSO)
or.
CAPTAINS OF THE PORTS (COTP)
FLORIDA : U.S. COAST GUARD (MSO)
Room 213
2831 Talleyrand Avenue
Jacksonville, FL 32206
Telephone: 904/791-2648 (Comnercial & 24-hr.)
946-2648 (FTS)
U.S. Coast Guard
7o Coast Guard Base
Key West, FL 33040
Telephone: 305/294-4760 (Comnercial)
305/296-2525 (24-hr.)
350-4190 (FES)
U.S. Coast Guard (COTP)
% Coast Guard Base
100 MacArthur Causeway
Miami Beach, FL 33139
Telephone: 305/672-2021 (Comnsrcial & 24-hr.)
350-4309 (FTS)
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UNTIED STATES COAST GUARD (Continued)
GEORGIA
U.S. Coast Guard (MSO)
7. Marine Inspection Office
155 Columbia Drive
Tampa, FL 33606
Telephone: 813/228-2191 (Conmercial & 24-hr.)
826-2191 (FTS)
813/893-3333 (St. Pete, 24-hr.)
Port Oper.: 813/228-2189 (Comnsrcial & 24-hr.)
826-2189 (FIS)
U.S. Coast Guard (MSO)
P.O. Box 8191
2 E. Bryan Street
Savannah, GA 31402
Telephone: 912/232-4321 ext. 353 (Conmercial)
912/232-0705 (nights & weekends)
248-4347 (FTS)
U.S. Coast Guard (MSO)
P.O. Box 724
196 Tradd Street
Charleston, S.C. 29402
Telephone: 803/724-4392 (Conmercial)
803/723-4861 ext. 36 or 57 (24-hr.)
677-4392 (FTS)
EIGHTH COAST GUARD DISTRICT
District Office: Eighth Coast Guard District
Hale Boggs Federal Building
500 Camp Street
New Orleans, Louisiana 70130
24-hr. Telephone Number: 504/589-6225
Marine Environmental Protection Branch
Telephone: 504/589-6296 (Conmercial)
682-6296 (FTS)
Comptrollers Office: 682-6249 (FTS)
SOUTH CAROLINA.:
ALABAMA
MARINE SAFETY OFFICES (MSO)
U.S. Coast Guard (MSO)
2000 Federal Office Building
Mobile, AL 36602
Telephone: 205/690-2286 (Conmercial & 24-hr.)-
534-2286 (FTS)
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UNITED STATES COAST GUARD (Continued)
LOUISIANA : U.S. Coast Guard
4640 Urquhart Street
New Orleans, Louisiana 70117
Telephone: 504/589-7105 (Comnercial) (CPO)
504/589-7101 (24-hr.) (CPO)
682-7105 (FTS)
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UNITED SEMES EN\nRONMENTAL PROTECTION AGENCY
PERSONNEL; OIL AND HAZARDOUS MATERIALS; ALL REGIONS
REGION I
Connecticut John Conlon - Section Chief
Maine 60 Westview St.
Massachusetts Lexington, MA 02173
New Hampshire 617/861-6700 (Office)
Rhode Island 617/223-7265 (24-hr.)
Vermont 223-7265 (FTS)
REGION II
New Jersey Fred Rubel - Branch Chief
New York Vfoodbridge Ave.
Puerto Rico Edison, N.J. 08817
Virgin Islands 201/321-6658 (Office)
201/548-8730 (24-hr.)
340-6658 (FTS)
REGION III
Delaware Tom Massey - Section Chief
District of Columbia 6th and Walnut St.
Maryland Philadelphia, PA 19106
Pennsylvania 215/597-9075 (Office) ext. 4511
Virginia 215/597-9898 (24-hr.)
West Virginia 597-9075 (FTS)
REGION IV
North Carolina Al J. Smith, Jr. - Branch Chief
South Carolina R.D. Stonebraker
Georgia George Moein
Florida Allen Bartlett
Alabama Ray Wilkerson
Mississippi Jan Rogers
Tennessee Fred Stroud
Kentucky Rita Davenport
Warren Dixon
Atlanta, Georgia
404/881-3931 (Office)
404/881-4062 (24-hr.)
257-3931 (FTS)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Continued)
REGION V
Illinois R.E. Diefenbach - Section Chief
Indiana 536 South Clark St.
Minnesota Chicago, ILL 60605
Michigan 312/353-2316 (Office)
Ohio 312/353-2318 (24-hr.)
Wisconsin 353-2316 (FIS)
REGION VI
Arkansas John Henderson - Branch Chief
Louisiana 1st International Bldg.
New Mexico 1201 Elm St.
Oklahoma Dallas, TX 75202
Texas 214/767-2720 (Office)
214/767-2666 (24-hr.)
729-2720 (FIS)
REGION VII
Iowa William F. Keffer - S & A Branch Chief
Kansas 25 Funston Road
Missouri Kansas City, KS 66115
Nebraska 816/374-4461 (Office)
758-4461 (FIS)
816/374-3778 (24-hr.)
REGION VIII
Colorado C. Alvin Yorke - Branch Chief
Montana I860 Lincoln St.
North Dakota Denver, Colorado 80295
South Dakota 303/837-2468 (Office)
Utah 303/837-3880 (24-hr.)
Wyoming 327-2468 (FIG)
REGION IX
Arizona Mr- Harold Takenaka - Section Chief
California 215 Fremont St.
Hawaii San Francisco, CA 94105
Nevada 415/556-7858 (Office)
Quam 415/556*2647 (24-hr.)
American Samoia 556-7858 (FIS)
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UNITED STATES ENVTODEMENrAL PROTECTION AGENCY (Continued)
REGION X
Washington James Willmann
Oregon 1200 6th Avenue
Ida
10 Seattle, Washington 98101
Alaska 206/442-1263 (Office)
206/442-1263 (24-hr.)
399-1263 (FTS)
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STATE
ALABAMA
Mr. James W. Warr
Director, Alabama Water Improvement Conmission
State Office Building
Montgomery, Alabama 36130
Mr. James Warr
Phone Numbers:
Mr. John Williford, Spill Coordinator
Mr. Steve Spencer (Birmingham)
FLORIDA
Dr. Elton J. Gissendanner - Director
Florida Department of Natural Resources
202 Blount Street
Tallahassee, FL 32304
Col. J.J. Brown Phone Numbers:
Mr. Richard Healy , Spill Coordinator
Mr. Jacob D. Vam
Secretary, Florida Department of
Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, FL 32301
Mr. Jeff Taylor, Spill Coordi- Phone Numbers:
nator
Dept. of Coraanity Affairs (State Coordinator)
GEORGIA
Mr. J. Leonard Ledbetter
Director, Environmental Protection Division
Department of Natural Resources
270 Washington Street, S.W.
Atlanta, GA 30334
Mr. Leonard Ledbetter
Mr. Gene Welsh
Mr. Bill Jernigan
Mr. Drew Zurow, Spill Coordinator
Phone Numbers:
205/277-3630 (Office)
205/272-5849 (Home)
205/277-3630 (Office)
205/272-6188 (Home)
205/942-6168 (Office)
205/833-4773 (Horns)
(COASTAL SPILLS)
904/488-5600 (Office
904/488-5757 (24-hr.)
904/488-1731 (Office)
904/878-2333 (Home)
(INLAND FRESH WATER
SPILLS)
904/488-0130 (Office)
904/576-4801 (Home)
904/488-1320 (24-hr.)
404/656-4713 (Office)
404/656-6593 (Office)
404/656-4887 (Office)
404/656-4300 (24-hr.)
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STATE AGENCIES (Continued)
KENTUCKY
Jackie Swigart, Secretary
Department for Natural Resources
and Environmental Protection
5th Floor, Capital Plaza Towers
Frankfort, KY 40601
Director
Phone Numbers;
Department Spill Coordinator:
Mr. Larry L. Amett
Primary
Mr. Charlie V. Frazee
Alternate
Mr. Ken Hines
Alternate
Mr. Jack A. Wilson
Alternate
Division Spill Coordinator - David Quarles
Division Water Quality
(Water Pollution)
Department of Natural Resources
and Environmental Protection
MISSISSIPPI
Bureau of Pollution Control
P.O. Box 10385
Jackson, MS 39209
Phone Numbers:
Spill Coordinator:
Bob Rogers
Primary
John Harper
Alternate
502/564-2150 (Office)
502/564-3410 (24-hr.)
502/564-3350 (Office)
502/875-4803 (Home)
502/564-3350 (Office)
502/968-0265 (Home)
502-564-3350/7320 (Office)
502/875-3362 (Home)
502/564-2150 (Office)
606/278-3146 (Home)
502/564-2126 (Office)
502/223-7879 (Home)
502/564-3410 (24-hr.)
601/961-5106 (Office)
601/961-5340 (Radio Oper.)
601/961-5106 (Office)
601/948-1148 (Home)
601/961-5106 (Office)
601/373-5679 (Home)
601/969-8111 (Beeper No.)
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STATE AGENCIES (Continued)
NORTH CAROLINA
Dr. Neil Grigg, Director
Department of Natural Resources and
Community Development
Division of Environmental Management
Archdale Building
P.O. Box 27687
410 S. Salisbury St.
Raleigh, N.C. 27611
Spill Coordinator: 919/733-5291 (Office)
Primary
Chief, Environmental Operations
Section: L.P. Benton 919/733-5083 (Office)
Alternate 919/772-5920 (Home)
Regional Offices:
Mr. Roy Davis 704/253-3341
Regional Supervisor
Mr. Heath P. Dobson
Asst. Regional Supervisor
159 Woodfin St.
P.O. Box 370
Asheville, N.C. 28802
Mr. Fin Johnson 919/761-2351
Regional Supervisor
Mr. Russell Radford
Asst. Regional Supervisor
8003 Silas Creek Parkway Ext.
Winston-Salem, N.C. 27103
Mr. Stan Taylor 919/733-2314
Regional Supervisor
3800 Barett Drive
P.O. Box 27687
Raleigh, N.C. 27611
Mr. Jim Mulligan 919/946-6481
Regional Supervisor
Mr. Lee Daniels
Asst. Regional Supervisor
1502 North Market Street
Washington, N.C. 27889
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STATE AGENCIES (North Carolina Continued)
Mr. Richard Peace 704/664-4627
Regional Supervisor
Mr. Rex Gleason
Asst. Regional Supervisor
1119 North Main Street
P.O. Box 950
Mooresville, N.C. 28115
Mr. Dennis Ramsey 919/486-1541
Regional Supervisor
Mr. Mick Noland
Asst. Regional Supervisor
Wachovia Building
Suite 714
Fayetteville, N.C. 28301
Mr. Charles Wakild 919/256-4161
Regional Supervisor
Mr. Wayne Cook
Asst. Regional Supervisor
7225 Wrightsville Avenue
Wilmington, N.C. 28403
SOUTH CAROLINA
Mr. John Jenkins, Director
South Carolina Department of Health
and Environmental Control
2600 Bull St.
J. Marion Sims Building
Columbia, S.C. 29201
Spill Coordinator: Mr. Henry E. Gibson 803/758-5496 (Office)
Primary 803/788-5715 (Home)
803/758-5531 (24-hr.)
Robert Fairey 803/758-5496 (Office)
Alternate 803/758-5531 (24-hr.)
TENNESSEE
Mr. Elmo Lurm, Director 615/741-2275 (Office)
Division of Water Qaulity Control 615/741-6610 (Office)
Tennessee Department of Public Health
621 Cordell Hull Building
Nashville, TN 37219
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STATE
(Continued)
Order in which to call:
Robert Wbrthington
Terry Gothran
Harold Martin
Elmo Lunn
615/832-7162 (Home)
615/885-1229 (Home)
615/824-3037 (Home)
615/446-6645 (Home)
Basin Offices:
Cumberland-Nashville Basin
Mr. John McClendon
frioxville & Iforth
Mr. Earl Tarring
Chattanooga
Mr. Jack McGonnick
Jackson
Order in vrtrLch to call:
Mr. Rudy Collins
Mr. Michael Robinson
Mr. Richard Holland
Mr. James Scott
Tennessee Civil Defense
(Emergency Operations Center)
615/741-7391 (Office)
615/885-0295 (Home)
615/546-9221 (Office)
615/984-8855 (Home)
615/624-9921 (Office)
615/238-9589 (Home)
901/668-1315 (Office)
901/424-6709 (Home)
901/686-8808 (Hone)
901/422-4314 (Home)
901/668-7966 (Hone)
615/741-5181 (24-hr.)
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REGIONAL RESPONSE CENTER
The Environmental Protection Agency's EPA Regional response
activities are identical to those identified for EPA in the National
Contingency Tlan. In order to identify specific Regim IV activities
concerning spills, certain sections of the National Plan (40 C.F.R.,
Part 1510) are expanded as follows:
1510.35 The Regional Response Center (RRC) for all inland spills
is in EPA's Emergency Office, 345 Courtland Street, N.E., Atlanta,
Georgia, 30308. The telephone number is: 404/881-4062, 24-hours a
day, seven days a week. Depending on the situation, the RRC may be
shifted to the spill site. This will be implemented by convening the
Regional Response Team (RRT) at the site. This decision will be made
by the Regional Administrator, EPA, Region IV, who chairs the RRT
during inland spills and it will be done in accordance with the National
Plan. This function may also be performed by the Regional Administrator's
authorized representative, Al J. Smith, Chief, Environmental Emergency
Branch, address and telephone number as shown above. Rirther Delegations
of Authority will be in accordance with Section 1510.51 of the National
Contingency Plan.
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1510.34 The Regional Response Team (RKT)
The Regional Response Team for inland spills will be composed of:
(1) Environmental Protection Agency (EPA): The EPA Regional
Administrator, Region IV, or his authorized representative, (See OSC
Part 1510,36 - this plan), - Member and Chairman.
(2) Department of the Interior (DOI): U.S. Fish and Wildlife
Service (Office of the Environment), 75 Spring St., S.W., Atlanta,
Georgia, 30303, Telephone: 404/221-6343.
Spill Coordinator: Mr. W. Waynon Johnson 404/292-6732 (Home)
Alternate : Ms. Hilda Unchurch 404/922-3726 (Home)
(3) Department of Transportion (DOT): The District Commander, or
his authorized representative, of the United States Coast Guard District
in which the spill occurs. (See USCG map and appropriate phone numbers.)
-Member.
(4) Department of Defense (DOD):
(A) Mississippi, Alabama, Georgia, Florida, South Carolina,
Nortfr Carolina, Tennessee - Headquarters, First U.S. Army, Attention:
(Sending info Attn: AFLA-OI-M), Fort Meade, Maryland 20755. John O'Neil
or Mr. Steele
Duty Number-. 301/677-2559/2986 Non-Duty Number: 301/667-4805/4827
938-2559 (FTS) 938-4805 (FTS)
(B) Kentucky - Headquarters, Fifth U.S. Army, Fort Sam
Houston, Texas, 78234. Attention: AFKB-OP-E Travis Hyde, Coordinator
Duty Number: 512/221-2525/2202/4513
746-2525 (FTS)
Non-Duty Number: 512/221-3018/2901
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(5) The Tennessee Valley Authority (TVA): Chief, Water Quality
and Ecology Branch, A251, 401 Building, Chattanooga, Tennessee, 37401,
615/755-2712 (Office), FTS 854-2712. Khoxville Operator - 615/632-2101.
Muscle Shoals Operator - 205/383-4631
NOTE: For all spills in the Tennessee River Basin after hours - 615/755-3011
(6) Department of Commerce (DOC): (Weather) - Carlos Dunn
NOAA/NWSFO 1001 International Blvd., Atlanta, Georgia, 30354, 404/766-6085,
(FTS) 246-7585/7586.
(7) FEMA. - FTS 281-1347, Office 912/226-1761, Bobby Blalock -
912/226-6501 (home); Jack Richardson (FTS) 281-1303, 912/226-8672 (home).
Federal Regional Center - Region IV, Thomasville, GA 31792
(8) If Public Health Trauma exists during a chemical spill:
CDC, Atlanta -. 404/452-4084, Alternate - 404/452-4176. After hours:
Dr. Kreiss - 404/874-7437 (home), Dr. Kimborough - 404/875-1707 (home).
(9) A member from the appropriate State and/or States agency
according to spill location. Depending on the circumstances, State
Solid Waste and State Water Supply may join the State's Spill Coordinator.
1510.34(o) Boundaries:
EPA, Region IV, will administer its lawful responsibilities, including
On-Scene Coordinator (OSC) functions, in inland waters in the eight
Southeastern States:
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
- 21 -
-------
South Carolina
Tennessee
Coastal waters are handled by the United States Coast Guard (USCG),
with EPA serving as pollution consultant, in accordance with Annex X
of the National Contingency Plan. inland and Coastal
Waters for the purpose of this Plan are identified in the introduction.
Specific agreements by EPA Regions on border-line rivers follow:
Intra-EPA Boundary Agreements
Mississippi River
From Mississippi's southern boundary to Arkansas' northern boundary
EPA IV will OSC all inland spills generated on the east side of the
Mississippi River, including east tributaries. EPA VI will OSC all
inland spills on the west side. Spills occurring in the main* stem, per
se, will be handled jointly by EPA's IV and VI.
Along Missouri's boundary
EPA IV will OSC only those spills generated east of the east side
of the east levy of the Mississippi River, including eastern tributaries.
EPA VII will handle all spills west of the east levy including the main
stem of the Mississippi River.
Ohio River
From Illinois' west boundary to Ohio's east boundary
EPA IV will OSC all spills in the main stem of the Ohio River; this
includes spills generated on the Kentucky bank. EPA IV will handle all
inland spills in south tributaries to the Ohio River.
- 22 -
-------
Big Sandy River
Along West Virginia's boundary
EPA IV will OSC all spills in the Big Sandy River main stem and
south tributaries. EPA III will handle the north tributaries to the
Big Sandy River.
1510.36 On-Scene Coordinator (OSC):
For all inland spills in Region IV, Al Smith or his designee (see
below) is predesignated as OSC within boundaries and conditions outlined
in Section 1510.34(o) , above. Other Federal Agencies that may be asked
to serve as OSC are: U.S. Coast Guard, Tennessee Valley Authority (TVA),
and certain DOI Agencies such as the Bureau of Sport Fisheries and
Wildlife, and Forestry. Also, State Agencies may be asked to serve as
OSC. These requests will depend on resources and situations and are
not predesignated, per se. EPA personnel who may act as OSC's are:
Al Smith
Jack Stonebraker
George Maein
Rita Davenport
Warren Dixon
Ray Wilkerson
Allen Bartlett
Jan Rogers
Fred Stroud
Lisbet Phillips
Patricia Herbert
1510.36 (cl tetteTari facility OSC:
Each Federal Facility will establish its own OSC via DOD policy, et. al.
- 23 -
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CLEAN-UP
1, Oil Mop, Inc,
P.O. Drawer P
Belle Chase, IA 70037
504/394-6110
2. Oil Map, Inc.
2710 Dauphin Island
Parkway
Mobile, AL 36605
205/432-3264
3. R & W Enterprises
P.O. Box 7756
Midfield, AL 35528
205/925-3852
838-4474 (beeper)
4. Browning-Ferris Industries
P.O. Box 6075
Monroe, LA 71203
318/325-6333
5. Ferguson Harbor Service
Owen W. Ferguson
P.O. Box 8153
Nashville, TO 37207
615/227-3395
6. Need-A-Diver
Marine Service Inc.
P.O. Box 5436
Tampa, FL 33675
813/247-1146
7. Peterson Marine Services
2431 Decatur Street
New Orleans, IA 70117
504/949-7534
8. Peterson Marine Service
803 Dauphin St.
Mobile, AL 36001
205/432-1824
9. New England Pollution
Control Company
50 Mills Street
New Haven, CT 06513
203/934-6646 (24-hr.)
10. Anti-Pollution, Inc.
P.O. Box 885
Morgan City, LA 70380
504/384-5990 (24-hr.)
504/384-9517 (office)
11. AMD Pollution Services, Inc.
Rt. 2, Box 31U3.
Caimosburg, PA 15317
412/921-8486
12. J & L Industries
6923 Ebenezer Rd.
Baltimore, MD 21220
301/488-0800
(Answering Service) - Wilmington,
N.C. 919/762-2681
13. Industrial Marine Services
1301 Marsh Street
P.O. Box 1652
Norfolk, VA 23501
804/543-5718
(Subcontractor) - Beaufort, N.C.
919/728-4286
14. Ergon Inc.
1889 Channel Avenue
P.O. Box 13364
Memphis, TN 38113
901/775-1247
Greenville, MS No.-. 601/332-4849
Mobile, AL 205/438-9891
15. Ergon
P.O. Box 1639
Jackson, MS 39205
601/948-3472 (24-hr.)
16. Danmark, Inc.
333 N.W. 23rd Street
Miami, FL 33149
305/573-0610
305/361-5033 (24-hr.)
17. James Waste Oil Service
P.O. Box 5651
Charlotte, NC 28225
704/332-8692
704/596-6490 (Jack Holder)
- 24 -
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18. O.H. Materials, Inc.
P.O. Box 1022
Findlay, CH 45840
419/423-3526
19. Ford's Oil Spill Recovery
4900 Young Street
Lilburn, GA 30247
404/921-1172 (home)
404/923-9166 (office)
404/346-0631 (answering service)
20. O.K. Duraat
P.O. Box 673
Wilmington, N.C. 28402
919/762-4232 (8 am - 5 pm)
919/762-9666 (after 5 pm)
21. Env. Coastal Pollution Cleanup Service
8050 Senrinole Mall, Suite 375
Seminole, FL 33542
813/391-9736/9735 (Jim Weber)
Columbia, S.C. 803/754-9112
Panama City, FL 904/763-1717
22. Coastal Divers and Pollution Control
120 Brarmen Dr.
Savannah, GA 31410
912/897-2398
944-8832 (Pager)
John Nasworthy
23. Coastal Services, Inc.
170 Border Street
East Boston, MA 02128
800-225-3924
- 25 -
-------
Wednesday
March 19, 1980
Part III
Council on
Environmental
Quality
National Oil and Hazardous Substances
Pollution Contingency Plan; Final
Revision
-------
17832 Federal Register / Vol. 45. No. 55 / Wednesday, March 19,1980 / Rules and Regulations
COUNCIL ON ENVIRONMENTAL
QUALITY
40 CFR Part 1510
National Oil and Hazardous
Substances Pollution Contingency
Plan; Final Revision
AGENCY: Council on Environmental
Quality. Executive Office of the
President.
ACTION: Final Revision of National
Contingency Plan.
SUMMARY: These final revisions to the
National Oil and Hazardous Substances
Pollution Contingency Plan update the
Plan to conform to the Clean Water Act
amendments of 1977 and restructure the
Plan to eliminate duplication and
simplify reading. Substantive changes
include: (1) Increasing State
participation in the Plan. (2) provision
for the preparation of local contingency
plans, (3) incorporation of the National
Pollution Equipment Inventory System,
(4) provision for Scientific Support
Coordinators, (5) provision for periodic
field testing, and (6) clarification of the
application of the Endangered Species
Act. These changes are designed to
improve the efficiency, coordination and
effectiveness with which Federal
agencies respond to discharges or
substantial threats of discharges of oil
and hazardous substances.
EFFECTIVE DATE: March 19.1980.
FOR FURTHER INFORMATION CONTACT:
Foster Knight. Counsel, Council on
Environmental Quality, 722 Jackson
Place. N.W.. Washington. D.C. 20006.
(202) 395-5750. or Richard Hess. EPA-
Coast Guard Liaison, Headquarters, U.S.
Coast Guard. G-WEP/73, Washington.
D.C. 20590 (202) 426-9571.
SUPPLEMENTARY INFORMATION:
A. Purpose
We are publishing final revisions to
the National Oil and Hazardous
Substances Pollution Contingency Plan,
40 CFR 1510 (as amended March 26,
1976). The Plan is the basis for Federal
action to minimize pollution damage
from discharges of oil or hazardous
substances. The purpose of these
revisions is to update the Plan and
improve the efficiency, coordination,
and effectiveness with which Federal
agencies respond to a discharge or
substantial threat of discharge of oil or a
hazardous substance. We expect the
revised regulations to improve planning
by and coordination among State and
Federal agencies, to improve assessment
of environmental damage from spills
end to facilitate evaluation of response
effectiveness.
B. Summary of Changes Made by the
Final Revisions.
1. Changes to make the Plan track
with the Clean Water Act amendments
0/1977.—See particularly §§ 1510.3.
1510.21. Following the Clean Water Act
amendments of 1977, the regulations
modify the scope of the Plan (§ 1510.3)
to include the expanded economic zone
of the Fishery Conservation and
Management Act of 1976. The revisions
apply the Plan to potential as well as
actual discharges (§ 1510.21 (b)).
2. Increasing the role of state
participation in the Plan.—(a) States are
invited to participate as full members of
Regional Response Teams (RRTs). Full
participation of high level state
representation is desired. See
§ 1510.23(a) and § 1510.34 (a) and (f).
(b) Section 1510.23(b). EPA and the
U.S. Coast Guard should explore the
possibility of entering into agreements
with states which will delegate to the
state spill cleanup responsibilities.
(c) Section 1510.34 (m), (n) and (o).
Provisions for RRT members [including
state members] to appeal decisions of
the RRT to the National Response Team
(NRT) and to request further review by
CEQ.
3 Local Contingency Plans.—The
revised Plan makes provision for local
contingency plans for dealing with spills
in ports or local areas.
Sections 1510.36(d) and 1510.42
provide that the On-Scene Coordinator
(OSC) is responsible for developing and
maintaining a local contingency plan for
the OSC's area of responsibility. Local
plans must identify: (1) Environmentally
sensitive areas, (2) most probable
locations for pollution incidents, (3) the
kinds of resources that would be needed
to respond to spill incidents. (4) where
such resources can be obtained, (5)
plans of action for protecting vulnerable
resources, (6) sites for disposing
recovered oil and hazardous substances,
and (7) a local organizational structure
for spill response.
To aid the development of local
contingency plans, § 1510.34(d) provides
that RRTs must designate members to
assist the OSC in local contingency
planning.
4. National Pollution Equipment
Inventory System.—The revised Plan in
§ 1510.43 incorporates a national
inventory of equipment and resources
available for oil and hazardous
substance spill response.
5. Scientific Support Coordinators.—
The revised Plan provides a mechanism
for coordination between the On-Scene
Coordinator (OSC) and the scientific
community during spills. Such a
mechanism is necessary in order to
provide the OSC with sound scientific
advice in an orderly way, so that the
OSC does not have to devote scarce
time to a number of different scientists
who are concerned about providing
cleanup advice and conducting
experiments during spill cleanup
operations.
Section 1510.64(c) establishes a
scientific support organization headed
by Scientific Support Coordinators
(SSCs) who are designated by EPA for
inland spills and by NOAA for coastal
area spills.
6. Annual Field Exercises.—the
revised Plan makes provision for
periodic field testing by the RRTs of
their spill response equipment and
people.
Section 1510.34(h) requires each
coastal RRT to conduct annual training
exercises in which equipment is actually
deployed.
Section 1510.34(1) strongly encourages
each inland RRT to conduct annual
training exercises.
7. Changes Reflecting Requirements
of the Endangered Species Act.—The
revised Plan specifically discusses the
relationship between spill response and
cleanup actions and the requirements of
legislation protecting endangered or
threatened species.
Section 1510.36(a)(3) provides that
advice to the OSC provided by DOI
through the Fish and Wildlife Service or
by Commerce through the National
Marine Fisheries Service on the cleanup
of spills that affect endangered species,
shall be binding on the OSC (with
specified exceptions).
a Public Information.—the previous
Plan provided for dissemination of
public information in Annex VI.
The revised Plan moves the provisions
of Annex VI to new { 1510.37. In
addition, changes are made to make the
Plan conform to the existing public
information network.
9. Restructuring Plan for Easier
Reading.—The previous Plan contained
considerable useful information buried
in its Annexes.
The revised Plan shifts this more
important material into the body of the
Plan. The revisions also add new Annex
material (new Annexes II, VI and VIII).
See attached comparison of Previous
Plan and Revised Plan.
In addition, the revisions eliminate
duplicative material and rewrite some
provisions to achieve clarity and to
make minor corrections of outdated Plan
information.
-------
Federal Register / Vol. 45, No. 55 / Wednesday, March 19, I960 / Rules and Regulations 17833
Previous Plan
Baviux! Plan
Annox I (Distribution) •
Amen fl (N R T functions).
Annex III (National Response
Center functions)
Annex IV (Office Locations of
Prtmaiy Agencies).
Annex v (Conununlcfttion and
Reports)
Afum VI (Public
.Annex VII (Legal Authortllea).
Annex VIP [Pueunieiilauuii
and Cos Recovery).
Annex IX (Fuming)
Annex X (Schedule of
ChenftrtsandAddrtlvei
For Removal of Oil and
Annex M (Norrfaderal
Annex XII (Hank)
Annex XIII (Hank)
Annex XW (blank) ______
Annex jB/fTeeMeel Ltomry
and Definitions of Tecnnldl
Terms)
RoniBins thfl sflino
NRT (unctions are In
11510 32* (Annex II—
ForrnBts For RoQionBl snd
Local Contingency Plans.)
NRCIuncHons 8n) In
1151033 (Annex Ill-
Regions and Office
Locations of Agencies)
Office locations are hi Annex
III (Annex IV-Legal
Authorities)
Reports ore in 11510 58*
(Annex V—Communication
SemcnAvdlableJ
Pubfic (nfofvution 19 In
{1510 37 •(Annex VI—
oBHipIo CoUpcfton
Procedures to be Mowed
byOSCs)
Legal Authorilkn era ki Annex
IV (Annex VII—Technical
library)
Documentation and Cost
Recovery am M15105S.
(Annex WH-OefMion of
Tedmwal Terms.)
Fuming lalnl 1510 65.
Annex IX (blank).
Rontfilns tn6 ufliOi
Non-Foderal Interests ve fn
ft 1510 2&
Technical Library Is In Annox
VII, Dofinttion of Technical
Terms to to Anrm VIII
*DBnot09 now Annox Rt&tBriBL
C. Background
The Plan was first published as an
interagency agreement in 1988. It
became part cf the Code of Federal
Regulations in 1970 in accordance with
the Water Quality Improvement Act of
1970. Section 311(c)(2) of the Clean
Water Act gives the President the
responsibility for issuing the Plan. By
Executive Order 11735 (August. 1973),
this responsibility was delegated to the
Council on Environmental Quality
(CEQ). In 1973 the Plan was published in
its current format The version that is
being revised by these final regulations
was publish in 1975 with some minor
changes incorporated in 1978.
A number of events over the past two
years have identified opportunities for
improving the Plan. In late December
1976, the Argo Merchant ran aground on
Nantucket Shoals, 27 miles from
Nantucket Island, Massachusetts. The
resulting spill of 7.5 million gallons of oil
led to a massive spill response action
under the National Contingency Plan.
Although the weather conditions
exceeded technological capabilities for
recovery of the oil, those same
conditions meant that no oil reached the
Massachusetts shoreline. In April 1978,
Massachusetts submitted a Petition for
Rulemaking to revise the Plan, asking for
specific changes. In addition, a spill of
250,000 gallons earlier in the year
resulted in massive shoreline damage on
the Chesapeake Bay as 27 miles of
coastline were contaminated by the oil.
On June 3,1979 the worst oil spill in
history-began with the blow-out of
IXTOC No. 1, a well being drilled in the
Bay of Campeche by PEMEX, Mexico's
national oil company. Estimates of the
oil spilled ranged from 10,000 to 30,000
barrels per day. Efforts to plug the well
were unsuccessful and drilling of two
relief wells began. By late July, 1979
cleanup efforts were only partially
successful at best despite the efforts of
Mexican authorities, the U.S. Coast
Guard's Open Water Containment
Recovery System and cleanup firms
from around the world. Towards the end
of the summer of 1879 huge oil slicks
moved north and threatened the Texas
coast. The U.S. Coast Guard and Texas
authorities prepared to try to protect the
highly productive estuaries behind the
string of barrier islands on the south
Texas coast and to mitigate damage to
beaches and the tourist industry. Oil
from the spill ultimately reached the
south Texas coastline affecting a large
geographical area and a multitude of
local and regional interests. Response
efforts however were moderately
successful in mitigating damage.
As a result of such incidents and
continuing United States dependency on
oil imported by tanker, attention from
various levels of government has been
continually focused on the response
capabilities of the federal government.
Congressional subcommittees have
investigated both the response to
specific incidents and the general
federal scheme for coordinated action.
m response to these events and as part
of its responsibility to recommend
changes, proposed revisions have been
submitted to CEQ by the national
Response Team, the national group of
federal agencies responsible for
planning and coordination under this
Plan.
Some problems were also addressed
in the Clean Water Act amendments of
1977 (Pub. L. No. 95-217 amending 33
U.S.C. 1251 etseq.} which changed the
jurisdiction of the Plan. The revision of
the Plan reflects these statutory
changes.
The revised Plan also addresses other
problems noted in the course of
response actions. In October 1977, CEQ
requested information from the States
on problems they had encountered in
activities under the Plan. Twenty-seven
states responded, generally expressing
satisfaction with the Plan but offering
suggestions for improvements.
The Council published proposed
revisions to the National Contingency
Plan on May 14,1979 (44 FR 28196) with
60 days for public review and comment.
This comment period was extended
upon request until September 1,1979.
The Council received comments from
the oil industry, independent waterways
operators, state, regional, and local
governments and miscellaneous
interested parties, totalling 29 written
comments. In addition the regional
offices of the principal federal agencies
provided a number of technical
comments.
The Council's staff read and analyzed
each of the comments received and
developed recommendations were then
presented to the National Response
Team for further evaluation and
recommendations. Finally comments
raising significant issues together with
staff and National Response Team
recommendations for appropriate
changes were presented to the Council
for resolution.
When, after discussions and review
the Council determined that the
comments raised valid concerns, the
Plan regulations were modified to reflect
those concerns. When the Council
determined that reasons supporting the
Plan provisions were stronger than
those for changing them, the Plan
provisions were left unchanged. Part D
of the Preamble describes the more
significant comments received and how
the Council responded to them.
D. Comments and the Council's
Response
Comments on Section 1510.5—
Definitions
One comment objected to the
definition of "oil" in § 1510.5, to the
extent it includes oil in combination
with other substances, as being too
vague and imprecise. The Council
however determined not to change the
definition as it repeats verbatim the
definition of "oil" in § 311(a)(l) of the
Clean Water Act.
Several comments were critical of
§ 1510.5(r)(l)'s definition of a minor
discharge of a hazardous substance as
"a quantity less than (hat defined as
reportable by regulation (40 CFR Part
117]." The comments expressed concern
that this definition was inconsistent
with EPA's hazardous spills regulations
where the enumerated substances are
considered hazardous if a quantity equal
to or greater than the "reportable
quantity" is spilled. The purpose of the
Plan is to provide for removal of oil and
hazardous substances even in cases
where no liability attaches to the
discharger. There are many instances
where the quantity of hazardous
substances spilled cannot be accurately
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17834 Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
determined. A definition of minor
discharge which excludes less than
reportable quantities will discourage
efforts to remove such spills. For these
reasons, the Council determined not to
change the definition of minor discharge
of hazardous substances.
The comments also recommended
establishing a practical lower limit in
the definition of a minor oil spill such as
California's 10 gallon limit. The Council
determined however that the existing
definition in § 1510.5(r)(l). "less than
1000 gallons", is working well and
should not be changed.
Comments on Section 1510.21—Federal
Responsibility
Some comments pointed out that the
proposed language for § 1510.21(a) did
not adequately reflect § 311(c)(l) of the
Clean Water Act by omitting the
modifier "substantial" before "threat."
Section 311(c)(l] specifies Federal
response actions where there are
discharges or a "substantial threat" of
such discharge. The Council agrees with
these comments. Since this problem was
presented in other parts of the proposed
revisions, the Council is correcting it by
changing the definition of "potential
discharge," in § 1510.5(n), to mean "any
accident or other circumstance which
constitutes a substantial threat of a
discharge of oil or hazardous
substance." Thus, subject to § 311(c)(l),
Federal responsibility exists for
discharges and potential discharges.
These changes address these same
comments with respect to §§ 1510.21 (b),
1510.53(a). and 1510.63(b).
Comments on Section 1510.36(b}—On-
Scene Coordinator
A number of companies and
organizations involved in the carriage of
bulk petroleum and chemicals in inland
waters requested that § 1510.36(b) be
changed to provide that the U.S. Coast
Guard (rather than the Environmental
Protection Agency) furnish or provide
the On-Scene Coordinator for all
navigable waters of the United States
which are used by waterborne
commerce. The principal reasons given
in support of this change are: [1] that the
Coast Guard is already required to be
involved in inland waterway discharges
in order to evaluate compliance with
pollution prevention regulations and to
evaluate penalty assessments, and (2)
that it would be an unnecessary
duplication of federal agency resources
to have the EPA act as On-Scene
Coordinator for inland waterway spills.
Furthermore EPA's capability to act
quickly as the On-Scene Coordinator
was questioned by some commenters.
The National Response Team which
has overall operational and
implementing responsibility for the
National Contingency Plan
recommended that § 1510.36(b) not be
changed because in certain inland
waterway regions EPA provides the
most effective On-Scene Coordinator,
while in others (where the Coast Guard
is the most effective), EPA normally
predesignates the Coast Guard to serve
as the inland waterway OCS. The
National Response Team therefore
recommended that the existing
flexibility in allowing both the EPA and
the Coast Guard to be On-Scene
Coordinators for inland waterways
(depending on the circumstances) is
preferable to a fixed rule assigning only
the Coast Guard to that function. Based
on the National Response Team's
experience and recommendations, the
Council therefore determined to leave
§ 1510.36(b) unchanged.
Some commenters expressed concern
that the proposed revisions to the Plan
(particularly § 1510.36(a)(3] with respect
to compliance with the Endangered
Species Act and with respect to the use
of chemical dispersants governed by
Annex X) diminished the On-Scene
Coordinator's authority and
effectiveness to respond quickly to a
spill. These commenters requested that
§ 1510.36(a)(3) and Annex X be changed
to eliminate restrictions on the OSC's
authority.
Section 1510.36(a)[3) provides that
advice to the On-Scene Coordinator
provided by the Fish and Wildlife
Service (Department of the Interior) or
by the National Marine Fisheries
Service (Department of Commerce) on
cleanup actions that may affect
endangered species shall be considered
at all times and be binding on the On-
Scene Coordinator unless in the OSC's
judgment contrary actions must be taken
to protect human life. The Council does
not regard this provision as a new
limitation on the OSC's authority to act
but rather as an incorporation of the
requirements of the Endangered Species
Act which, since 1973, has applied to all
activities of federal agencies and
responsible federal officials. In essence,
this provision is designed to assist the
OSC to comply with the Endangered
Species Act, through the expertise of the
Fish and Wildlife Service (FWS) and the
National Marine Fisheries Service
(NMFS), in circumstances where
cleanup actions may affect endangered
species. Whenever the OSC determines
that certain actions must be taken to
protect human life, the OSC's judgment
will prevail over FWS or NMFS advice
to the contrary. For these reasons the
Council determined to leave this part of
§ 1510.36(a)(3) unchanged. Annex X is
modified to include a cross-reference to
§ 1510.36(a)(3). These changes do not
affect the OSC's authority to use
chemical dispersants such as to
substantially reduce explosion or fire
hazards to property where there is no
threat to endangered species.
With respect to the use of chemical
dispersants covered by Annex X,
several commenters recommended that
the On-Scene Coordinator be provided
with authority to allow the spiller or his
agents to nee registered chemical
dispersants in offshore areas for
protection of sensitive environmental or
commercial fishery areas without the
concurrence of the EPA representative
on the Regional Response Team. The
National Response Team carefully
considered this request but concluded
that the continuing involvement of EPA
representatives before use of chemical
dispersants outweighs any benefits to be
derived by allowing the spiller to use
dispersants in such areas without
advance EPA concurrence. The Council
adopted the National Response Team's
recommendation with respect to this
issue. However, it is the Intent of the
Plan that the EPA Regional Response
Team member continue to work closely
with the Coast Guard On-Scene
Coordinators to provide greater
guidance—in advance of spills—on the
circumstances that justify use of
chemical dispersants.
Several commenters felt that the
priorities of the Plan were insufficiently
spelled out and recommended that the
primary goals of a spill response be (1)
to protect human life and limb and (2) to
minimize ecological impacts of spills.
The National Response Team believes
that these priorities are inherent in the
Plan and are already covered in
§ 1510.36(a)(3) and Annex X. The
Council agrees with the NRT and that
On-Scene Coordinators have adequate
explicit guidance on these priorities.
One comment recommended that
§ 1510.36(a)(l) be clarified to provide
that the first official from an agency
with responsibility under the Plan to
arrive at the scene of a discharge is to
function as acting OSC (if other than the
predesignated OSC) until the OSC
arrives. The NRT determined that
§ 1510.36(a)(l) already is sufficiently
clear on this point by providing that the
first official to arrive on scene "shall
coordinate activities under the plan until
the OSC arrives." "Shall coordinate
activities" includes authority to act as
OSC
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Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations 17835
Comments on Section 1510.37—Public
Information Network
Several comments expressed concern
that proposed § 1510.37(b) establishes a
regional news office as the "single
source of official information on the
incident", to the detriment of the public
interest in obtaining information from
public agencies and private interests.
Section 1510.37 has been substantially
rewritten, and eliminates the regional
news office as the single source of
official federal information. As rewritten
§ 1510.37 provides for coordination of
news releases through the OSC, through
an on-scene news office or a national
news office. Participating federal
agencies are given a larger role in the
public information network. At the same
time, information from private interests
on a pollution incident remains
unaffected by § 1510.37 or any other
provision in the Plan, because the Plan
cannot regulate the manner or content of
information on a pollution incident
provided by private interests. To
provide for greater coordination with
local government a new sentence is
added to § 1510.37(a)(l): [When a major
pollution incident occurs] 'Those
immediately capable, especially local
fire, police and government officials,
will be contacted first so that they may
use all available resources to notify the
public of a potential threat."
Comments on Section 1510.42—Local
Contingency Plans
One comment recommended that
local contingency plans also include
development of methods for protecting
environmentally sensitive areas. This is
addressed in § 1510.42[a) (plans of
action for protecting vulnerable
resources).
Comments on Section 1510.43-r-National
Inventory System^
One comment suggested that standard
indemnification agreements be entered
into between the Federal government
and private parties whose cleanup
equipment is listed in the inventory such
that owners will be indemnified for any
damage that may occur when the
equipment is used at the direction of the
On-Scene Coordinator. The NRT
recommended that indemnification for
damaged private equipment need not be
addressed in the Plan because private
equipment used by the OSC is obtained
through rental or other contractual
agreements which contain adequate
indemnification provisions. The Council
therefore deferred to the expertise of the
NRT on this issue.
Comments on Section 1510.63—General
Pattern of Response Actions
One comment objected to the
sentence in § 1510.63[a)(3)(i) which
provides "The discharger's removal
efforts are 'improper* to the extent that
Federal efforts are necessary to prevent
further damage." The comment
expressed concern that this language
prevents or discourages a discharger
from seeking Federal removal assistance
where Federal assistance would speed
the discharger's otherwise "proper"
removal actions. The comment
misconstrues § 1510.63(a](3)lO< That
section does not mean that otherwise
"proper" removal actions by the
discharged are rendered improper
simply because the discharger seeks
Federal assistance.
Comments on Section 1510.64—Special
Forces
Several comments were received
concerning this section. The State of
Washington felt that this section
duplicated and conflicted with its own
oil and hazardous spills contingency
plan provisions governing marine
resources damage assessment. Section
1510.64 has been substantially revised
based on NRT recommendations and the
comments received. With respect to the
State of Washington's comment,
§ 1510.84(c)(2)(i)(aa) makes it clear that
well developed state scientific support
organizations like Washington's should
be employed to support the OSC.
Section 1510.64 is not to be construed as
requiring the development of duplicatory
federal scientific support coordinators
where an effective state scientific
support organization can be utilized to
support the OSC, as coordinated by the
state representative on the Regional
Response Team.
One commenter recommended
changing the title of Scientific Support
Coordinator to Scientific Support
Advisor. However the NRT believes that
Scientific Support Coordinator more
accurately reflects the role of the
scientific support organization which
involves advice to the OSC and RRT but
is primarily a coordination role. For this
reason the title was not changed.
Another comment recommended that
the discharger be advised of the scope
of studies to be undertaken by the
scientific support organization and be
offered an opportunity to comment on
its potential liability. The Plan
recognizes, as the comment points out,
that the line between damage
assessment studies (where there may be
liability) and pure research (where there
is no liability) is difficult to draw.
However this problem is addressed in
reused §§ 151065 (b) and (c) which
make it clear that the OSC is to exercise
sufficient control over remo\al
operations (including damage
assessment] to be able to certify that
reimbursement is appropriate.
Concern has also expressed that
proposed § 1510.64(c](l) "would
seemingly exclude contractual
agreements with commercial
environmental firms" to provide
scientific assistance and damage
assessment for the OSC. This was not
the intent, and § 1510.64(c)(2](i)(aa), as
rewritten, expressly includes industry.
Comments on Section 1510.65—Funding
Several comments were received
critical of the proposed language in
i 1510.B5(c). The concern expressed by
these comments was that the proposed
language implied that the OSC would
not be requesting services and resources
where essential to an effective Federal
response. The Council agrees that the
indicated language in proposed
§ 1510.B5[c) was inappropriate.
Therefore the last three sentences ia
proposed § 1510.65(c) were removed and
conforming changes were made to the
last sentences in 8 1510.65(b) and
1510.65(c).
Other Comments
The Commonwealth of Massachusetts
urged that the Plan provide for the
financial capability of the participating
agencies in carrying out the Plan.
through an annual assessment of funds
available to each agency. The Plan is
not authorized to require annual
assessments. In response to this
comment, however, $ 1510.85 relating to
funding has been changed to clarify
each agency's funding authority and
responsibility. Massachusetts also
indicated that proposed § 1510.64(c)
providing for scientific support
coordinators from both EPA and NOAA
was a costly redundancy. Section
1510.64(c) has been modified but still
preserves the SSC role for EPA in Inland
waters and for NOAA in coastal waters
because the NRT determined this
allocation of agency expertise would be
the most effective.
The New England Congressional
Caucus recommended provision in the
Plan for requiring spill cleanup
equipment to be stationed near areas of
probable spills. The NRT recommended
that rather than stationing equipment
the most efficient approach is to
maintain an up-to-date national
inventory and to provide in local
contingency plans fcr the identification
of types and locations of clean-up
equipment and resources. The Council
adopted the NRT recommendation. The
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17836 Federal Register / Vol. 45, No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
Caucus also recommended that the
Atlantic Strike Team be redeployed to
an area to the northeast of its present
location. Deployment decisions are
within the jurisdiction of the U.S. Coast
Guard. The Council has therefore
referred this recommendation to the U.S.
Coast Guard.
The International Association of Fire
Chiefs expressed concern that the Plan
unduly and excessively interfered with
local agency authority to control and
supervise spill response efforts,
particularly with respect to responses by
local Tire and civil defense officials. A
number of changes were made in
response to this criticism in order to
highlight the importance of coordination
with local officials and to emphasize
that the Plan covers only the Federal
response. See §5l510.23(a). 1510.34(1),
1510.36(d), 1510.37(a)(l) and 1510.42(a).
Concern was also expressed that
§1510.57(a) authorizes the OSC to keep
the fire chief and civil defense officials
out of the affected area. That section is
not intended to give the OSC such
authority. Local contingency plans,
particularly with the cooperation of
local fire and civil defense officials, are
to be developed in a manner consistent
with local fire and disaster plans and
requirements. See §1510.42(a).
One comment recommended
expansion and clarification of the Plan
concerning the relationship between a
responsible discharger (a discharger
who is taking proper action to clean up
the spill) and the Federal government.
The comment recommended coverage of
at least four points which are listed
below with responses:
(1) What is the continuing role of the
OSC if the discharger is in charge of the
clean up operation? This question is
addressed by §§1510.21(a) and
1510.52(c) which provides that the OSC
has a continuing responsibility to
monitor clean up actions being taken by
the discharger and to provide advice.
(2) Does the OSC continue as the
government spokesman for all levels of
government? This is addressed in the
affirmative by J§1510.5(k) (definition of
OSC), 1510.21(a) and Section 1510.52(c).
(3) How is government support and
assistance obtained by the discharger
(e.g. scientific support)? This is
addressed by §§1510.52(c), 1510.63(a)(3),
1510.63(b)(3)(ii) and 1510.64. The OSC's
monitoring and surveillance duties
includes providing advice and
assistance to dischargers concerning
proper cleanup and removal actions.
Dischargers are encouraged to seek
scientific support advice through the
OSC on matters not already covered by
this Plan and annexes, and the
applicable regional and local
contingency plans.
(4) How are relations with the news
media and public handled? Section
1510.37 provides for relations with the
news media and for public information
where there is a Federal response to a
spill under the Plan. The Plan, of course,
cannot govern the manner or content of
information provided by the discharger.
Where the discharger retains control of
the cleanup and removal actions, the
public information and news media
provisions in $1510.37 will not apply;
they only apply where a Federal
response is initiated under this Plan.
For the reasons given above, and
because the NRT does not believe any
significant problems exist in the
relationship between the discharger and
the Federal government that are not
already addressed in the Plan, the NRT
recommended that no additional
provisions be added to the Plan
concerning these points. The Council
deferred to the NRTs recommendations.
Several comments from the oil
industry recommended that the Plan
require the RRT to send copies of their
activity reports (under §1510.34(g)(9)] to
the oil industry. These reports are
available to the public: the American
Petroleum Institute representative
attending NRT meetings as an observer
will be able to obtain copies of such
reports and provide for appropriate
distribution to the oil industry.
One comment recommended deletion
of the term "Coker Feed" in Annex VIII
as being inaccurate. This
recommendation was adopted.
E. Additional Changes Based on Federal
Interagency Comments and NRT
Recommendations
Following publication of the proposed
revisions to the National Contingency
Plan federal agency review resulted in a
number of additional changes of
essentially a clarifying nature. These are
summarized below.
The distinction between Federal '
primary and advisory agencies under
the Plan has been eliminated since over
a period of time it has become
meaningless. All Federal agencies under
the Plan are now referred to as
participating agencies. See §§1510.5,
1510.22,1510.32.
Provisions governing referrals and
appeals of decisions by the Regional
Response Teams have been clarified.
See §§1510.2(10), 1510.32 (m) and (n).
Descriptions of Federal agency
expertise and roles under the Plan have
been further updated. See §§1510.4,
1510.22(b). 1510.64(c), and Annex III.
Section 1510.37 concerning the public
information network has been
substantially revised both in response to
public comments and to incorporate
experience gained by the NRT during
1979 concerning the Campeche Bay and
other oil spills affecting U.S. waters in
the Gulf of Mexico.
Section 1510.64 relating to Special
Forces has been revised in response to
public comments and NRT
recommendations, particularly with
respect to clarifying the responsibilities
of NOAA, EPA and the Department of
the Interior (Fish and Wildlife Service)
in providing scientific support.
F. Regulatory Analyses
Because the Plan governs the Federal
government's response to oil and
hazardous substances pollution and
does not regulate private activities, and
since the revisions to the Plan are
primarily of a simplifying and updating
nature, the Council, supported by a
recommendation from the NRT,
determined that a regulatory analysis
under E.0.12044 was not required in
conjunction with the publication of the
Final revisions. The final revisions to
the National Contingency Plan
implement the policy and other
requirements of Executive Order 12044
(Improving Government Regulations) to
the fullest extent possible. The revised
Plan has been simplified and
substantially rewritten in plain
language. In reviewing the proposed
revisions the Council gave careful
attention to minimizing any burden on
the public.
The determinations required by
Section 2(d) of the Order have been
made by the Council and are available
on request.
G. Conclusion
We could not, of course, adopt every
suggestion that was made on revisions
to the National Contingency Plan. We
have tried to respond to the major
concerns that were expressed. We are
confident that any issues which arise in
the future can be resolved through
recommendations by the public, state
and local governments and the
participating agencies to the Regional
Response Teams and the National
Response Team. The National Response
Team will continue to supervise
implementation of the Plan and, where
appropriate, make recommendations to
the Council for additional revisions.
We appreciate the efforts of the many
people who participated in developing
and refining the revisions to the Plan.
Gus Speth,
Chairman.
Part 1510 is revised to read as set
forth below:
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Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations 17837
PART 1510-NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
Subpart A—Introduction
Sec.
1510.1 Purpose and objectives.
1510.2 Authority.
1510.3 Scope.
1510.4 Abbreviations.
1510.5 Definitions.
Subpart B—Policy and Responsibility
1510.21 Federal responsibility.
1510.22 Duties of Federal agencies.
1510.23 Non-Federal participation.
Subpart C—Organization
1510.31 Emergency response activities and
coordination.
1510.32 National Response Team.
1510.33 National Response Center.
1510.34 Regional Response Team.
1510.35 Regional Response Center.
1510.30 On-scene coordinator.
1510.37 Public information network.
Subpart D—Plans
1510.41 Regional contingency plans.
1510.42 Local contingency plans.
1510.43 National inventory system.
Subpart E—Operational-Response Phases
1510.51 Phase I—Discovery and notification.
1510.52 Phase n—Evaluation and initiation
of action.
1510.53 Phase Dl—Containment and
countermeasures.
1510 54 Phase IV—Cleanup, mitigation and
disposal.
1510.55 Phase V—Documentation and cost
recovery.
1510.56 Pollution reports.
1510.57 Special considerations.
Subpart F—Coordinating Instructions
1510.61 Delegation of authority.
151002 Multi-regional actions.
1510 63 General pattern of response actions.
1510:64 Special forces available to the OSC.
1510.65 Funding.
Ust of Annexes
Anna*
No.
1100 Distribution . .... . I
1200 Format of Regional and Local Contingency
Plans ... II
1300 Regions and Office Locations of EPA and
USCG . . ..... . . - III
1400 Legal Authorities . . IV
1500 Communication Services Available In Natnnal
Response Center . ... V
1600 Sample Collection Procedures ... -_ VI
1700 Technical Ubraiy VII
1800 Definition ol Terras VIII
2000 Schedule of Chemicals end Other Additives... X
Authority: Sec. 311(c)(2), Pub. L. 92-500, as
amended; 66 Stat. 865. 33 U.S.C. 1321[c)(2);
Executive Order 11735.38 FR 21243 (August
1973).
Subpart A—Introduction
§1510.1 Purpose and objectives.
This National Oil and Hazardous
Substances Polution Contingency Plan
provides for coordinated Federal action
to try to prevent discharges of oil and
hazardous substances, and to protect
the environment from damage when
discharges occur. The Plan also
promotes Federal-State coordination
and encourages local governments and
private firms to build capabilities for
cleaning up discharges.
§1510.2 Authority.
This Plan was developed in
compliance with Section 311(c)(2) of the
Clean Water Act, as amended (33 U.S.C.
1321(c)(2)). In Executive Order 11735. the
President delegated to the Council on
Environmental Quality authority and
responsibility to prepare, publish, revise,
and amend a National Contingency Plan
for the removal of oil and hazardous
substances.
(b) The Plan and its Annexes, and
regional and local plans, provide for.
(1) Assignment of responsibilities
among Federal agencies, in coordination
with State and local agencies;
(2] Identification, procurement,
maintenance, and storage of equipment
and supplies;
(3) Establishment or designation of
(i) A strike force to carry out the Plan
and
(ii) Trained and adequately equipped
emergency task forces at major ports;
(4) A system of surveillance and
reporting to give responsible Federal
and State agencies the earliest possible
notice of discharges of oil and
hazardous substances or imminent
threats of such discharges.
(5) Establishment of a national center
to provide for coordination and
direction of operations in carrying out
the Plan;
(B) Procedures for identifying,
containing, dispersing, and removing oil
and hazardous substances;
(7] A schedule, prepared in
cooperation with the states, identifying
any dispersants or other chemicals that
may be used in carrying out the Plan;
(B) A system for reimbursing states for
reasonable costs incurred in removing
discharges;
(9) A procedure for coordinating
scientific support of dea-up operations,
assessment of damage cJ;,.-; a spill, and
research efforts; and
(10) A system for referral and appeal
of decisions of the Regional Response
Teams and On-Scene Coordinators.
§1510.3 Scope.
(a) The Plan applies to all Federal
agencies and is in effect for the
navigable waters of the United States
and adjoining shorelines, for the
contiguous zone, and the high seas
beyond the contiguous zone in
connection with activities under the
Outer Continental Shelf Lands Act or
the Deep Water 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 1978), (See Sections
311(b)(l) and 502(7) of the Clean Water
Act).
(b] Implementation of this Plan is
complementary to the Joint U.S./
Canadian Contingency Plan (including
the annexes pertaining to the Great
Lakes, and the Eastern and Western
coastal areas); the Joint U.S./Mexican
Contingency Plan (when adopted by
both parties); and international
assistance plans and agreements.
security regulations, and responsibilities
based upon Federal statutes and
Executive Orders. This Plan shall be
utilized to coordinate U.S. involvement
in pollution incidents occurring in
waters not under the management
jurisdiction of the United States.
§1510.4 Abbreviations.
(a) Department and Agency tide
abbreviations:
CEQ—Council on Environmental
Quality.
Corps—U.S. Army Corps of Engineers.
DHEW—Department of Health.
Education, and Welfare.
DOC—Department of Commerce.
DOD—Department of Defense.
DOE—Department of Energy.
DOI—Department of the Interior.
DOJ—Department of Justice.
DOL—Department of Labor.
DOS—Department of State.
DOT—Department of Transportation.
EPA—Environmental Protection Agency.
FEMA—Federal Emergency
Management Agency.
FWS—U.S. Fish and Wildlife Service.
MarAd—Maritime Administration.
NMFS—National Marine Fisheries
Service.
NOAA—National Oceanic and
Atmospheric Administration.
USCG—U.S. Coast Guard.
USDA—Department of Agriculture.
USGS—U.S. Geological Survey.
USN—U.S. Navy.
(b) Operational title abbreviations:
ERT—Environmental Response Team.
NRG—National Response Center.
NRT—National Response Team.
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#838 Federal Register / Vol. 45. No. 55 / Wednesday. March 19. 1980 / Rules and Regulations
OSC—On-Scene Coordinator.
PIAT—Public Information Assistance
Team.
SSC—Scientific Support Coordinator.
RRC—Regional Response Center.
RRT—Regional Response Team.
§1510.5 Definitions.
(a) Act—means the Clean Water Act,
as amended. 33 U.S.C. 1251, etseq.
(b) Activation—means notification by
telephone or other expeditious means to
the appropriate state and local officials,
to the regional or district office of
participating agencies, or, when
required, the assembly of some or all
members of the RRT or the NRT.
(c) Coastal waters—generally means
U.S. waters which are navigable by
deep draft vessels, including the
contiguous zone and parts of the high
seas to which this Plan is applicable and
other waters subject to tidal influence.
(d) Contiguous Zone—means the zone
of the high seas, established by the
United States under Article 24 of the
Convention on the Territorial Sea and
the Contiguous Zone, which is
contiguous to the territorial sea and
which extends 12 miles seaward from
the same baseline from which the
territorial sea is measured.
(e) Discharge—includes, but is not
limited to, any spilling, leaking,
pumping, pouring, emitting, emptying or
dumping of oil or hazardous substances.
Discharges permitted under Section 301,
302, 308, 318, 402 or 404 of the Act or
Section 102 of the Marine Protection,
Research and Sanctuaries Act of 1972
(Pub. L. No. 92-532) are not included.
(f) Hazardous substance—means any
substance designated as hazardous
under subsection (b)(2) of section 311 of
the Act (see 40 CFR Part 116).
(g) Inland waters—generally means
U.S. waters upstream from coastal
waters.
(h) Major disaster—means any
hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, drought, fire or
other catastrophe in the United States -
which the President determines to be
damaging enough to warrant major
disaster assistance under the Disaster
Relief Act of 1974 (Pub. L 93-288).
(i) Presidential Emergency
Determination—a formal Presidential
decision made at the request of a State
Governor determining that a situation
constitutes an "emergency" in
accordance with the provisions of the
Disaster Relief Act of 1974 (Pub. L 93-
288).
(]) Oil—means oil of any kind or in
any form, including, but not limited to,
petroleum, fuel oil, sludge, oil refuse and
oil mixed with wastes other than
dredged spoil.
(k) On-Scene Coordinator (OSC)—
means the Federal official predesignated
by the EPA or the USCG to coordinate
and direct the Federal response to spills,
and discharge removal efforts at the
scene of a discharge.
(1) Phases—response actions fall into
five classes or phases. Phase I is
Discovery and Notification; Phase II,
Evaluation and Initiation of Action;
Phase III, Containment and
Countermeasures: Phase IV, Removal,
Mitigation and Disposal; and Phase V,
Documentation and Cost Recovery.
Elements of any phase may coincide
with other phases. For a full description
of the phases, see Subpart E, § 1510.51-
55.
(m) Plan—means the National Oil and
Hazardous Substances Pollution
Contingency Plan.
(n) Potential discharge—means any
accident or other circumstance which
constitutes a substantial threat of a
discharge of oil or hazardous substance.
Severity of potential discharges shall be
classified according to the guidelines in
subparagraph (r) below.
(o) Participating agencies—means all
departments and agencies on the NRT
that have responsibility and provide
resources for the effective operation of
this Plan.
(p) Public health or welfare—includes
all factors affecting human health and
welfare, including, but not limited to,
human health, the natural environment,
fish, shellfish, wildlife, and public and
private property, shorelines and
beaches.
(q) Remove or removal—means the
removal of oil or hazardous substances
from the water and shorelines or taking
necessary actions to minimize or
mitigate damage to the public health or
welfare. Under this Plan, removal refers
to Phase III and IV response operations.
(r) Size classes of discharges—The
following classifications are provided as
guidance for the OSC and serve as the
criteria for the actions delineated in
Section 1510.63. They are not meant to
imply associated degrees of hazard to
the public health or welfare, nor are
they a measure of environmental
damage. Any discharge that poses a
substantial threat to the public health or
welfare, or results in critical public
concern shall be classed as major
discharge regardless of the following
quantitative measures.
(1) Minor discharge—means a
discharge to the inland waters of less
than 1000 gallons of oil; or a discharge to
the coastal waters of less than 10,000
gallons of oil; or a discharge of a
hazardous substance in a quantity less
than that defined as reportable by
regulation (40 CFR Part 117).
(2) Medium discharge—means a
discharge of 1,000 to 10.000 gallons of oil
to the inland waters; or a discharge of
10,000 gallons to 100.000 gallons of oil to
the coastal waters; or a discharge of a
hazardous substance equal to or greater
than a reportable quantity as defined by
regulations (40 CFR Part 117).
(3) Major discharge—means a
discharge of more than 10,000 gallons of
oil to the inland waters; or more than
100,000 gallons of oil to the coastal
waters; or a discharge of a hazardous
substance that poses a substantial
threat to the public health or welfare, or
results in critical public concern.
(s) United States—means the States,
the District of Columbia, the
Commonwealth of Puerto Rico, the
Canal Zone, Guam, American Samoa,
the Virgin Islands, and the Trust
Territory of the Pacific Islands.
Subpart B—Responsibility
§ 1510.21 Federal responsibility.
(a) This Plan seeks to insure a
coordinated Federal response at the
scene of a discharge, or a potential
discharge of oil or hazardous substance
that poses a threat to the public health
or welfare. In the event of a discharge,
the Federal OSC shall first promptly
determine (under section 311(c)(l] of the
Act) whether the person responsible for
the discharge is taking proper action to
remove the discharge or threat of
discharge. If practicable, the OSC shall
make the person responsible aware of
his financial responsibility. If the OSC
determines that the person responsible
is taking proper action, the OSC shall
monitor progress and provide advice. If
the person responsible does not act
promptly or fails to take proper removal
actions, or if the person responsible is
unknown, or if a potential discharge is
considered to exist, further Federal
response actions shall be undertaken
promptly in accordance with this Plan.
(b) Removal actions taken under
section 311(c)(l) of the Act are limited to
the areas described in § 1510.3(a] (Scope
of Plan). When a discharge or potential
discharge that poses a threat to U.S.
waters, occurs outside the Plan's
jurisdiction, the procedures of this Plan
and those of regional and local plans
apply to the extent practicable; removal
will take place under other legal
authorities.
(c) In accordance with section 311(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
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Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
17839
discharge or an imminent discharge of
large quantities of oil or a hazardous
substance from a vessel, the United
States may:
(1) Coordinate and direct all public
and private efforts for the removal or
elimination of the threat: and
(2) Summarily remove and, if
necessary, destroy the vessel by
whatever means are available without
regard to any provisions of law
governing the employment of personnel
or the expenditure of appropriated
funds. The authority for these actions
has been delegated under Executive
Order 11735 to the Administrator of EPA
and the Secretary of the Department In
which the Coast Guard is operating.
respectively, for the waters for which
each designates the OSC under this
Plan.
(d) 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 or hazardous
substance into or upon the waters of the
United States from any onshore or
offshore facility, 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 EPA or the USCG to exercise
this authority. The action described here
is in addition to any other actions taken
by a state or local government for the
same purpose.
(e) Federal agencies with facilities or
other resources which may be useful in
a Federal response situation will make
those facilities or resources available for
use in accordance with this Plan and the
regional and local plans. Federal
resources shall be made available to the
extent possible, consistent with
agencies' operational requirements,
within the limits of existing statutory
authority, and within the spirit of the
President's and the Congress intent to
minimize discharges and their effects.
(f) Environmental pollution control
techniques shall be employed hi
accordance with applicable regulations
and guidelines, and regional and local
contingency plans. In any circumstances
not covered by regulations, the use of
chemicals sjiall be in accordance with
Annex X and must have the concurrence
of the EPA representative or alternate
representative on the RRT. In the
absence of the EPA representative or
alternate, the concurrence of the
appropriate EPA regional administrator
must be obtained.
(g) 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.
(h) Discharges of radioactive
materials shall be handled pursuant to
the Interagency Radiological Assistance
Plan which is administered by the
Department of Energy.
9151022 Duties Of Federal agendas.
(a) Each of the participating Federal
agencies has duties established by
statute, Executive Order, or Presidential
directive which may be relevant to the
Federal response to a pollution
discharge. See Annex IV for a
description of applicable legal
authorities. Regional contingency plans
shall call upon agencies to discharge
these duties in a coordinated manner.
They shall provide for
(1) Identification of the statutory
responsibilities of all agencies involved;
(2] Prompt notification of agency
representatives in the event of a
threatened or actual oil or hazardous
substances spill;
(3) Designation of agency
representatives to assist OSCs in
developing local contingency plans; and
(4) Coordination of agency
representatives with the OSC during a
pollution incident (see § 1510.36(a)(3)).
(b) The following Federal agencies
have specific duties and responsibilities
which are relevant to a response to
discharges of oil or hazardous
substances:
(1) The Council on Environmental
Quality is responsible for preparing,
publishing, revising and amending the
National Contingency Plan. The NRT
will advise CEQ on necessary changes
to the Plan and CEQ shall insure that
any disagreements among participating
agencies are expeditiously settled.
(2) The Department of Agriculture
provides expertise in managing
agricultural, forest, and wilderness
areas and in selecting landfill disposal
sites. The Soil Conservation Service can
provide to the OSC predictions of the
effects of pollutants on soil and their
movements over and through soil.
(3) The Department of Commerce.
through NOAA, shall provide scientific
expertise on living marine resources for
which it is responsible, including
endangered species and marine
mammals (see § 1510.3B(a)(3)];
coordinate scientific support, provide
current and predicted meteorologic,
hydrologic, ice and oceanographic
conditions for the high seas, coastal, and
inland waters; provide charts and maps,
including tide and current information,
for coastal and territorial waters and (he
Great Lakes: and assist EPA in damage
assessment in coastal areas and on the
high seaa. When requested by NRT.
DOC through MarAd will provide advice
on the design, construction and
operation of merchant ships.
(4) The Department of Defense,
consistent with its operational
requirements, may provide assistance in
maintaining navigation channels, in the
removal of navigation obstructions, and
in salvage. Upon request of the OSC,
NRT, or USCG, the services and special
equipment of the Supervisor of Salvage,
USN will be provided as available for
the cleanup and control of oil spills.
Upon request from the OSC, locally
deployed Navy equipment may be
provided.
(5) The Department of Energy
administers, implements, and
coordinates the Interagency
Radiological Assistance Plan (IRAP).
DOE will advise the NRT when
assistance is required in identifying the
source and extent of radioactive
contamination, and in the removal and
disposal of radioactive discharges.
(6) The Department of Health,
Education, and Welfare la responsible
for providing expert advice and
assistance on discharges or potential
discharges that pose a threat to public
health and safety.
(7) Federal Emergency Management
Agency participates in the development
and evaluation of national regional, and
local oil and hazardous substance
pollution contingency plans in
accordance with Executive Order 12148,
Section 2-1; monitors responses related
to such plans in accordance with
Executive Order 12148, Section 2-2; and
evaluates State Governors' requests for
Presidential declarations of major
disasters or determinations of
emergency under Pub. L. 93-288 (42
U.S.C. 4401. et seq.}, the Disaster Relief
Act of 1974.
(8) The Department of Interior,
through the USGS, can provide expertise
in the fields of oil drilling, producing.
handling, and transportation by pipeline.
The USGS supervises continuously
manned facilities which can be used for
command, control and surveillance of
discharges occurring from operations
conducted under the Outer Continental
Shelf Lands Act The Bureau of Mines
may provide analytical facilities which
in an emergency could be of aid in
identifying inorganic hazardous
substances. Through its pollution
response coordinators, the Fish and
Wildlife Service of DOI will provide
technical expertise to the OSC and RRT
on fish and wildlife and their habitats,
including migratory birds, marine
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17840 Federal Register / Vol. 45, No. 55 / Wednesday, March 19. 1980 / Rules and Regulations
mammals, and endangered and
threatened plants and animals [See
§ 1510.36(a)(3]]. DOI is responsible for
implementing this plan in American
Samoa and the Trust Territory of the
Pacific Islands when required.
(9) The Department of Justice can
provide expert advice on complicated
legal questions arising from discharges
and Federal agency responses.
(10) The Department of Labor, through
the Occupational Safety and Health
Administration, will provide the OSC
with advice, guidance, and assistance
regarding hazards to persons involved in
removal or control of oil or chemical
spills, and in the precautions necessary
to prevent hazards to their health and
safety.
(11) The Department of
Transportation provides expertise on all
modes of transporting oil and hazardous
substances. Through the USCG. DOT
offers expertise in the domestic/
international Gelds of port safety and
security, marine law enforcement, ship
navigation and construction, and the
manning, operation, and safety of
vessels and marine facilities. The USCG
also maintains continuously manned
facilities which can be used for
command, control, and surveillance of
oil discharges occurring on the waters of
the United States or the high seas. For
those areas where it provides the OSC,
the USCG chairs the RRT which
develops, implements, and revises the
regional and local contingency plans as
necessary.
(12) The Department of State will lead
in developing Joint international
contingency plans. It will also help to
coordinate an international response
when pollution discharge crosses
international boundaries or involves
foreign flag vessels. Additionally, this
Department will coordinate requests for
assistance from foreign governments
and U.S. proposals for conducting
research at incidents that occur in
waters of other countries.
(13) The Environmental Protection
Agency provides expertise on
environmental effects of pollution
discharges and environmental pollution
control techniques. EPA will also advise
the RRT and OSC on what degree of
hazard a discharge poses to the public
health and safety, and will coordinate
scientific support, including assessment
of damages, in the inland regions. For
those areas where it provides the OSC,
EPA chairs the RRT which develops.
implements, and revises regional and
local contingency plans as necessary.
EPA will coordinate with USCG in the
preparation of regional and local
contingency plans for pollution control
and protection of the environment.
(c) All Federal agencies are
responsible for minimizing the
possibility of discharges; for developing
the capability to respond promptly to
discharges from facilities they operate
or supervise; and for making resources
available for Federal pollution response
operations.'
(d) In addition to their general
responsibilities under paragraph (c) of
this section, participating agencies are
responsible for:
(1) Leading all Federal agencies in
programs to minimize environmental
damage associated with discharges from
facilities they operate or supervise;
(2) Providing representation as
necessary to the NRT and RRTs, and
giving assistance to the RRTs and OSGs
in formulating regional and local
contingency plans;
(3) Developing the operating
capability in their particular areas of
expertise for a rapid response to any
pollution discharge in coordination with
other Federal agencies;
(4) Making necessary information
available to the NRT, RRT, or OSC; and
(5) Informing the NRT and RRTs
(consistent with national security
considerations] of changes in the
availability of resources that would
affect the operation of this Plan.
§ 1510.23 Non-Federal participation.
(a) Every State Governor is asked to
assign an office or agency to represent
the State on the RRT. The State's
representative should participate fully in
all facets of RRT activities and shall
designate the element of the State
government that will direct state
supervised discharge removal
operations. Participation of officials
from municipalities with major ports
and waterways is also invited in the
RRT. (See § 1510.34(f).)
State and local government agencies
are encouraged to include contingency
planning for discharge removal in all
emergency and disaster planning.
Federal local contingency plans required
by this Plan shall be coordinated with
plans developed by state and local
governments. This is especially
important for traffic control, land
access, and disposal of pollutants in
removal operations.
(b) States, industry groups, academic
organizations, and others are
encouraged to commit resources for
removal operations. Specific
commitments shall be listed in Federal
regional and local contingency plans.
EPA and the USCG should explore the
possibility of concluding memoranda
delegating responsibility to concerned
States for cleanup of certain spills.
Details on reimbursement to states for
removal actions taken under to this Plan
are contained in § 1510.65 and 33 CFR
Part 153.
(c) It is particularly important to
coordinate the technical information
generated by scientists from the Federal
and State governments, from industry,
universities, and elsewhere to assist the
OSC in developing cleanup strategies in
environmentally sensitive areas; to
assist in the performance of post spill
damage assessments; and to assure that
pertinent research will be undertaken to
meet national needs. The scientific
support aspect of this Plan is described
in § 1510.64.
(d) Federal local contingency plans
should establish procedures to allow for
well-organized and worthwhile
employment of volunteers. Local plans
should provide for the direction of
volunteers by the OSC, or by other
Federal, local or state officials
knowledgeable in contingency
operations and capable of providing
leadership. Local plans should alst
identify specific areas in which
volunteers can best be used such as:
beach surveillance, logistical support,
bird and wildlife treatment, and
scientific investigations. Normally,
volunteers should not be used for
physical removal of pollutants. If the
substance discharged is toxic to
humans, or if in the judgment of the OSC
other dangerous conditions exist,
volunteers shall not be permitted at on-
scene operations. Regional and local
contingency plans should provide for
routine education and training of
volunteers so that training during an
actual incident will not be necessary.
Information on discharge and removal
efforts should be provided to volunteers
frequently during the course of planning
to insure coordinated effort and
meaningful participation.
Subpart C—Organization
§ 1510.31 Emergency response activities
and coordination.
(a) In a pollution emergency, the OSC
is responsible for Federal on-scene
coordination. The OSC provides reports
to and receives advice from the RRT
charged with regional coordination. The
RRT is composed of representatives
from the regional and district offices of
the participating agencies, States, and
local governments.
(b) National coordination is
accomplished through the NRT which
receives reports from and provides
guidance and advice to the RRTs.
Activities are coordinated through the
facilities of the national and regional
response centers.
(c) The organization of this Plan is
shown in Figure 1.
BILLING CODE 3125-01-M
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Federal Register / Vol. 45, No. 55 / Wednesday. March 19,1980 / Rules and Regulations 17841
National Contingency Plan Concepts
1510.32 NF
1510.33 NF
.- .... -m nnn
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il 1
IP i
U TPA
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DOI DOT
i i
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1510.35 RRC
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1510^3
151023
BILLING CODE 3125-01-C
figure 1
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17842 Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations
115t0.32 National Response Team.
(a) The NRT consists of
representatives from the participating
agencies. Il is the national body for
planning and preparedness before a
pollution discharge and for coordination
and advice during a discharge. Each
participating agency shall designate a
member to the team and sufficient
alternates to insure representation.
(b) Except for periods of activation
because of a pollution incident, the
representative of EPA shall be the
chairman and the representative of DOT
shall be vice-chairman of the NRT. The
vice-chairman shall maintain records of
NRT activities along with national,
regional and local plans for pollution
response. When the NRT is activated for
a pollution incident, the chairman shall
be the representative of EPA or DOT,
depending upon the area in which the
response is taking place.
(c) NRT meetings are open to the
public. Upon invitation of the chairman
and with the consent of members, non-
government observers may participate
without vole in any meeting of the NRT
on matters of their direct concern. They
shall be provided with reports issued by
the NRT. Invitations to participate shall
be given to a non-Government
organization if:
(1) The organization can reasonably
be expected to make a significant
contribution to the work of the Team;
(2) The organization's work, past and
present, has a direct relationship to the
work of the Team; and
(3] The organization is not
represented at the NRT through another
organization.
(d) Normally, when the NRT is nol
activated for a pollution incident it shall
serve as a standing committee to
evaluate the preparedness of the
agencies and effectiveness of plans for
responding to pollution discharges, to
recommend needed policy changes in
the response organization, and lo
recommend revisions to this Plan as
needed.
(e) The NRT shall consider and make
recommendations to appropriate
agencies on the training and equipping
of response teams; necessary research,
development, demonstration, and
evaluation to improve response
capabilities; and equipment, material
stockpiling, and other operational
matters as the need arises. CEQ shall be
advised of any agency's failure to
respond adequately to these
recommendations.
(f) The NRT shall recommend
revisions of this Plan to CEQ for
approval and publication.
(g) Scientific advisors shall be
designated, from EPA, DOC-NOAA, and
DOI-FWS, to advise the NRT on
scientific matters related to pollution
response, and to coordinate end oversee
the regional scientific support
mechanism (see 51510.64). They shall
also evaluate and advise the NRT on the
desirability of cam ing out research
affecting waters and resources not
under the jurisdiction of the United
States.
(h) The NRT shall establish and
maintain a Research and Development
Committee to:
(1) Provide the latest information on
Federal agencies' research,
development, and demonstration
activities for spill response and cleanup;
(2) Respond to NRT requests for
scientific and technical information;
(3) Identify appropriate research and
development initiatives;
(4) Provide for information exchange
between agencies on response research,
development, and demonstration
projects. The committee shall report to
the NRT at the June and December
meetings and at other times upon
request.
(i) Ad hoc committees may also be
established from time to time.
Representatives from the participating
agencies with direct involvement in such
committees' charters shall serve on
these committees,
(j) Planning and preparedness
responsibilities of the NRT are to:
(1) Make a continuing review of
regional responses to pollution
incidents, with an evaluation of
equipment readiness and coordination
among responsible public agencies and
'private organizations.
(2) Consider necessary changes in
policy on the basis of the continuing
review of regional responses to pollution
incidents;
(3] Develop procedures to ensure the
coordination of Federal, state, local
government, and private responses to
pollution incidents;
(4) Review regional plans and reports
of activities from RRTs, and make sure
that RRTs are functioning satisfactorily.
(5) Inform the Research and
Development Committee on research
requirements identified during
discharges of unusual materials or under
unique circumstances;
(6) Review continuously and act upon
reports by the Research and
Development Committee;
(7) Maintain readiness to respond to a
nationally significant discharge of oil or
hazardous substances;
(8) Monitor incoming reports from all
RRTs and activate the NRT for a
pollution incident when appropriate;
and
(9) Meet monthly or more frequently
to review pollution emergency response
actions of the preceding period, receive
reports from the R&D Committee and ad
hoc committees. Information on the time
and place of meetings may be obtained
from the National Response Center (see
§ 1510.33).
(k) The NRT shall be activated as an
emergency response team when
requested by any team representative or
when a discharge:
[1] Exceeds the response capability of
the region in which it occurs;
(2) Transects regional boundaries; or
[3) Involves significant population
hazards or national policy issues,
substantial amounts of property, or
substantial threats to natural resources.
When acting as an emergency
response team, the NRT shall consist of
representatives from the participating
agencies. Each representative or an
appropriate alternate shall be notified
immediately by telephone of the
emergency activation of the NRT.
(1) When activated for a pollution
incident the NRT shall meet at the call
of the chairman and shall:
(1) Monitor and evaluate reports from
the OSC. The NRT may recommend to
the OSC, through the RKT. actions lo
combat the discharge;
(2) Request other Federal, state, and
local governments, or private agencies
to consider providing resources under
their existing authorities to combat a
discharge of monitor response
operations; .
(3) Coordinate the supply of
equipment, personnel, or technical
advice to (he affected region from other
regions or districts; and
(4) Prepare public information
releases and transfer information
between the OSC and the Washington,
D.C., headquarters of the agencies
concerned. Public information is
discussed in § 1510.37.
[m] The NRT shall consider any
matter referred to it for settlement by an
RRT or OSC when the matter cannot be
resolved at regional level on an
interagency basis. Unless circumstances
dictate otherwise, further actions will
not be taken on matters thus referred 10
NRT until the NRT position has been
transmitted to the KRT and OSC. Any
member of an RRT may petition the
NRT for a review of matters considered
by the RRT. Petitioning RRT members
may appear before the NRT to present
their arguments but shall not have the
right to vote in NRT deliberations on the
disputed matter. While the NRT desires
to achieve a consensus on all matters
brought before it, certain matters may
prove unresolvable through normal
debate or discussion. In such cases,
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Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations 17843
each cabinet department or independent
agency serving as a participating agency
on the NRT shall be accorded one vote
in NRT proceedings.
§ 1510.33 National Response Center.
(a) The NRG is the national
communications center for activities
related to pollution incidents. It is
located at the Washington. D.C.,
Headquarters of the USCG. Notice of
discharges should be made through a
toll free number, a special local number,
or through telephone and teletype
circuits. (Details appear below and in
Annex V.} The NRC relays notices of
discharge to the appropriate OSC. It
disseminates OSC and RRT reports to
the NRT when appropriate. It provides
facilities for the NRT to use in
coordinating a national pollution
emergency response when required.
(b) The Commandant, U.S. Coast
Guard, shall provide the necessary
communications, plotting facilities, and
equipment. These will include:
(1) A continuously manned
communication center for receiving
reports of discharges;
(2) Telephone branch lines;
(3) Teletypewriter circuits;
(4) The latest updated charts of the
Departments of Commerce, Interior and
Defense for the U.S. waters, the
Continental Shelf and the ocean areas
adjacent to the U.S. Territorial waters;
(5) Technical library on oil and
hazardous substances pollution
(described in Annex VII); and
(B) Plotting and display facilities to
depict the geographic position.
movement, and extent of the discharge.
(c) The USCG shall furnish technical
manuals and materials, and necessary
administrative support to operate the
NRC effectively and efficiently.
(d) Participating agencies may use
normal communication circuits to fulfill
their responsibilities under the Plan.
Telephone numbers for the primary
notification offices of interested
agencies will be maintained in NRC and
in RRCs.
(e) First notice of a pollution discharge
shall be made immediately (in
accordance with 33 CFR 153.203] either
to the NRC Duty Officer, HQ USCG,
Washington, D.C., toll free telephone
(800) 424-8802 (or 426-2675 in the
Washington, D.C., local calling area), or
to the predesignated OSC (see Annex
III). All notices of discharges received at
the NRC shall be relayed immediately
by telephone to the OSC. The NRC shall
evaluate incoming information and
immediately advise FEMA of potential
major disaster situations.
(f) Pollution Reports (POLREPS) shall
be submitted by the RRT to the NRC as
developments occur and not later than
1600 local time on each day of a
pollution response operation. Pollution
Reports shall be disseminated by the
NRC to NRT members as requested by
those members.
§ 1510.34 Regional Response Team.
(a) The RRT serves as the regional
body for planning and preparedness
actions before a pollution discharge and
for coordination and advice during a
pollution discharge. The RRT consists of
regional representatives of the
participating agencies, state, and local
government representatives ab
appropriate. The full participation of
high level representation from Stales
and local governments with major ports
and waterways is desired. (See
§§ 1510.23(3) and 1510.34(0 )
(b) Except when the RRT is activated
for a pollution incident, the
representatives of EPA and DOT shall
act as co-chairmen. When the RRT is
activated for a pollution incident, the
chairman shall be the representative of
EPA or DOT, depending upon the area
of the spill and the response.
(c) Each participating agency shall .
designate one member and at least one
alternate member to the RRT.
Participating States and local
governments should also designate one
member and at least one alternate
member to the Team. Agencies may also
provide additional representatives as
observers to meetings of the RRT.
Persons representing Federal and State
agencies shall be specified in each
regional contingency plan.
(d) RRT members shall designate
representatives from their agencies to
work with OSCs in developing local
contingency plans, providing for the use
of agency resources, and in responding
to pollution incidents.
(e) The chairman of RRT shall ensure
that the regional and local contingency
plans adequately provide the OSC with
assistance from the Federal agencies
commensurate with agencies' resources,
capabilities and responsibilities within
the region. During a pollution
emergency, the members of the RRT
shall insure that the resources of their
agencies are made available to the OSC
as specified in the regional and local
contingency plans.
(f) Affected states are encouraged to
participate actively in all RRT activities
(see § 1510.23(a)), to designate
representatives to work with the RRT
and OSC's in developing regional and
local plans, plan for and make available
State resources, and serve as the contact
point for coordination with local
government agencies in responding to
pollution incidents. When the RRT is
activated for a pollution emergency,
affected Stfites are invited to participate
in ell RRT deliberations. Any Stale or
local government representative who
participates in the RRT has the same
status as any Fedei al member of the
RRT.
(g) When not activated for a polliiliop.
incident, thfi KRT 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 the
effectiveness of local plans for the
Federal response to pollution incidents.
The RRT shall:
(1) Make a continuing review of
regional and local responses to pollution
incidents, considering equipment
readiness and coordination among
responsible public agencies and private
organizations;
(2) Recommend revisions to this
National Contingency Plan to the N'FT,
on the basis of observations of response
operations;
(3) Consider and recommend
necessary changes in policy on the basis
of the continuing review of regional
responses to pollution incidents;
(4) Develop procedures to insure the
coordination of Federal, State, local
government, and private responses to
pollution incidents;
(5) Review the functioning of OSCs !o
insure that local contingency plans are
developed satisiactorily;
(6) Be prepared to respond to a major
discharge of oil or hazardous substances
outside its region:
(7) Monitor incoming reports from all
OSCs and activate the RRT when
appropriate; and
(8) Meet quarterly to review response
actions carried out during the preceding
period, and consider changes in both
regional and local contingency plans. In
those regions having both coastal and
inland RRTs, RRT meetings held in
alternating quarters (inland in March,
coastal in June, etc.] would meet this
requirement.
(9) RRTs shall provide letter reports
on their activities to the NRT twice a
year, no later than 31 January and 31
July. The reports will help to identify
techniques and procedures that have
worked well and subjects requiring
improvement and should be circulated
to other RRTs. At a minimum, reports
will contain paragraphs covering:
(i) Summary of Activities, containing
highlights of routine meetings and
activations during the reporting period,
(11) Organizational Matters, Outlining
improvements made since the last
report. Organizational matters requiring
NRT action should be included. RRTs
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17844 Federal Register / Vol. 45, No. 55 / Wednesday, March 10, 1980 / Rules and Regulations
are encouraged to add detailed accounts
of successful procedures;
(iii) Operations, including
recommendations, comments or
observations on response methods.
equipment, training or other operational
matters which have not been addressed
in the review of OSC reports.
(h) Each coastal RRT is required to
conduct an annual training exercise in
which response equipment is actually
deployed. These exercises should use all
existing capabilities in the local port
area. Any funding required to support
the exercise should be requested
through the normal agency budget
process. The RRT shall cooperate to the
fullest extent possible in field exercises
of member agencies.
(i) RRTs for inland regions are
strongly encouraged to conduct an
annual training exercise in which
response equipment is actually
deployed. RRTs for inland regions shall
cooperate to the fullest extent possible
in field exercises of member agencies.
(j) The RRT shall be activated as an
emergency response team when a
discharge:
(1) Exceeds the response capability
available to the OSC in the place where
it occurs;
(2) Transects regional boundaries; or
(3) Poses a substantial threat to the
public health and welfare or to
regionally significant amounts of
property. Regional contingency plans
shall specify detailed criteria for
activation of RRTs.
(k) The RRT shall be activated
automatically in the event of a major or
potential major discharge. The RRT may
be activated during any other pollution
emergency by an oral request from any
RRT representative to the chairman of
the Team. Requests for Team activation
shall later be confirmed in writing Each
representative, or an appropriate
alternate, shall be notified immediately
by telephone when the RRT is activated.
PQLREPS to the NRG from RRTs shall
include the time of Team activation.
method of activation (e.g., telephone)
and place of assembly [if appropriate).
(I) When Bctjvated for a pollution
incident, agency representatives shall
meet at the call of the chairman and
shall:
(1) Monitor and evalute reports from
the OSC. The RRT shall advise the OSC
en the duration and extent of Federal
response and may recommend to the
OSC specific actions to combat the
discharge;
(2) Request other Federal, state or
local government, or private agencies to
consider providing resources under their
existing authorities to combat a
discharge or monitor response
operations;
(3) Help the OSC prepare information
releases to the public and for
communication with the NRT. Public
information is discussed in g 1510.37;
(4) Advise the regional head of the
agency providing the OSC if the
circumstances or progress of a pollution
discharge indicate that a different OSC
should be designated; and
(5) Submit Pollution Reports
(POLREPS) to the NRC as developments
occur and not later than 1600 local time
of each day of the operation.
(m) Whenever insufficient national
policy guidance exists on a matter
before the RRT, or there is a question
concerning the interpretation of national
guidance, the matter shall be referred to
the NRT for resolution. Time permitting,
further actions will not be taken on such
issues until the NRT has transmitted a
position to the OSC and RRT. Should the
matter directly affect a State or local
government, the RRT representatives of
the affected governments may express
their position to the NRT,
(n) If any member of the RRT dissents
from a decision of the RRT on a
discretionary action pursuant to the
Plan, or an interpretation of the plan,
that member may appeal the decision to
the NRT in accordance with
| 1510.32[m]. The dissenting member
shall notify the chair of the NRT of its
appeal During a major pollution
discharge, a member who has pursued
an appeal to the NRT may request
further review by CEQ.
(o) Any State or local government
representative who participates in the
RRT has the same status as any Federal
member of the RRT. Although it is
preferable that RRTs reach consensus
views, there may be occasions when a
vote is necessary. On those occasions,
each Federal cabinet level or
independent agency, the directly
affected Stale, and the directly affected
local government shall be accorded one
vole only.
(p) The RRT shall be deactivated by
agreement bet-ween the EPA and USCC
team members. The time of deactivation
shall be included in POLREPS.
(q) Boundaries for regional
contingency plans shall follow those of
the Standard Regions for Federal
Administration as shown in Annex III.
Boundaries for local contingency plans
shall coincide with those agreed upon
between EPA and the USCG to
determine OSC areas of responsibility
and shall be clearly indicated in the
regional contingency plan.
§ 1510.35 Regional Response Center.
The RRC Is the regional center for
pollution response activities. Each
regional plan shall specify quarters for
the RRC. The RRC provides facilities
and personnel for communications,
information storage, and other
requirements for coordinating the
response to pollution incidents.
§1510.36 On-Scene Coordinator.
(a) The OSC shall direct Federal
pollution control efforts and coordinate
all other Federal efforts at the scene of a
discharge or potential discharge. The
OSC shall be predesignaled, as part of
the planning and preparation for
response to pollution incidents, by the
regional or district head of the agency
responsible for providing the OSC.
(1) The first official from an agency
with responsibility under this plan to
arrive at the site of a discharge shall
coordinate activities under the Plan until
the OSC arrives.
(Z) The OSC shall collect pertinent
facts about discharge, such as potential
impacts on human health and welfare;
the nature, amount, and location of
discharged materials; the probable
direction and time of travel of
discharged materials, the natural
resources, including fish and wildlife
and their habitat, and property which
may be affected and the priorities for
protecting them.
[3] The OSC shall direct Phase II.
Phase UI and Phase IV operations; that
is, Evaluation and Initiation of Action,
Containment and Countermeasures; and
Removal. Mitigation and Disposal (see
Subpart E, §g 1510.51-55 for descriptive
details]. Advice provided by the EPA on
the use of chemicals in Phase III and
Phase IV operations shall be binding on
the OSC, except as provided in Annex X
of this Plan. Advice provided by the Fish
and Wildlife Service (DOI) or by the
National Oceanic and Atmospheric
Administration (DOC) on cleanup
actions that may affect endangered and
threatened species or their habitats shall
be considered at all times and shall be
binding on the OSC unless in his
judgment actions contrary to this advice
must be taken to protect human life.
(4) The OSC shall provide necessary
support and documentation for Phase V
activities [Documentation and Cost
Recovery).
(51 The OSC will consult regularly
with the RRT in carrying out this Plan
and will keep the RRT fully informed of
all activities under the Plan.
(b) EPA and the USCC shall designate
OSCs for all areas in each region. The
EPA shall furnish or provide OSCs for
inland waters. The USCC shall furnish
or provide OSCs for the coastal waters,
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Federal Register / Vol. 45, No. 55 / Wednesday. March 19, 1980 / Rules and Regulations 17845
and for Great Lakes waters, ports and
harbors.
(c) All Federal agencies are required
by Executive Order to develop
emergency plans and procedures for
dealing with oil and hazardous
substances spills caused by facilities or
vessels under their jurisdiction. All
Federal agencies, therefore, are
responsible for designating the offices
that will coordinate response actions for
spills caused by facilities or vessels
under their jurisdiction and for
providing means to remove or mitigate
such spills in accordance with this Plan
and applicable Federal regulations and
guidelines. If the responsible Federal
agency does not act promptly or take
appropriate action, to respond to a spill
caused by a facility or vessels under its
jurisdiction, the EPA or USCG
(depending on the area where the
discharge occurs) shall assume the OSC
functions.
(d) The OSC is responsible for
developing and maintaining a local
contingency plan (Federal local plan] for
the Federal response in the area of the
OSC's responsibility. Designated
Federal, State, and local representatives
to the RRT shall assist in these efforts.
(See § 1510.42.)
§ 1510.37 Public Information network.
(a)(l) When a major pollution incident
occurs, it is imperative to give the public
prompt, accurate information on the
nature of the discharge and actions
underway to mitigate the damage. Those
immediately capable, especially local
fire, police and governmental officials,
will be contacted first so they may use
all available resources to notify the
public of a potential threat. Prompt
disclosure of the facts helps to
encourage cooperation by interested
parties and to check the spread of
misinformation. National administration
policy and the Freedom of Information
Act both call for maximum disclosure of
information.
(2) If a participating agency believes
public interest warrants the issuance of
statements or releases and the on-scene
or national news offices have not been
activated, the affected agency should
recommend activation. In the interim, all
news releases or statements issued by
participating agencies concerning the
incidents will be cleared through the
OSC
(b) When the NRT is activated, the
Team chairman will contact the most
appropriate agency and ask it to detail a
professional information officer to
establish and direct a national news
office. Whenever possible, the director
of the national news office snail be
provided by the same agency providing
the OSC. Requests by the director of the
national news office for an appropriate
number of professional and clerical
assistants will be met by one or more of
the participating agencies.
(1) The director of the national news
office will be responsible for overall
supervision of public information
activities of the NRT. The closest
possible coordination will be
maintained between the national news
office in Washington and the on-scene
news office.
(2) Promptly after his designation, the
director of the national news office will
contact the White House Press Office
and the Office of Governmental and
Public Affairs to arrange whatever
information assistance may be required
by these offices.
(3) All national news office news
releases will be cleared by the chairman
of the NRT, or in his absence, the vice-
chairman.
(4) The Director of the national news
office will have free access to meetings
of the NRT and will be consulted on the
possible public reaction to the courses
of action under consideration by the
NRT.
(5) At appropriate intervals, the
director of the national news office may
arrange news conferences at which the
NRT will respond to questions from the
media representatives.
(6) The director of the national news
office will keep appropriate nationally-
based press offices posted on
developments. These include the press
offices of the secretaries or directors of
the participating agencies; Senators and
Representatives whose States or
districts are affected by the incident.
(7) The national news office will be
provided with adequate space,
telephones, typewriters,
communications equipment and other
supplies by the U.S. Coast Guard at U.S.
Coast Guard Headquarters, Washington,
D.C. The director of the national news
office will determine what equipment
and supplies are needed to insure an
orderly flow of information and to
accommodate visiting members of the
news media.
(c) An on-scene news office will be
established upcn the request of any
agency participating on the RRT or the
OSC to coordinate media relations and
issue official Federal information on a
pollution incident The office w.l! be
staffed according to regional plans and
applicable agency directives. Whenever
possible, the on-scene news office will
be headed by a representative of the
agency providing the OSC. Any
participating agency may, by request to
the RRT, place a representative on the
staff of the news office. The OSC shall
determine location of the on-scenc news
office but every effort should oe made to
locate it near the scene of the pollution
incident.
(1) The director of the on-scene news
office shall coordinate all public
information activities for the OSC. The
director's functions include:
(i) Arranging news conferences for the
OSC and other officials to make
progress reports and respond to
questions;
(ii) Keeping local and regional
government officials informed of the
pollution situation through contacts with
their press offices or other
representatives;
(iii) Keeping news media informed
about the response effort and giving
them as much cooperation as possible.
for example, by arranging transportation
to the scene of a pollution incident when
possible,
(iv) Issuing and distributing daily
news releases so long as public interest
warrants;
(v) Giving citizens who make inquiries
up-to-date information from the latest
press release;
(vi) Observing public reaction to the
pollution incident and advising the OSC
of any actions that might better serve
public information interests;
(vii) Handling queries from public and
commercial interests properly and
promptly;
(viii) Referring salesmen to technical
personnel assigned to evaluate their
wares;
(ix) Upon request, offering special
public information services for official
visitors, including notifying the news
media of the time, place and purpose of
official visits; making press conference
arrangements; and arranging for
interviews;
(x) Informing the public on the proper
way to deiil with individual problems
and damages from the pollution
incident; and
(xi) If necessary, drafting a model
letter for participating agencies to use in
answering mail inquiries, after the crisis
has subsided. The model letter must be
approved by ihe Chairman of the NRT.
(2) It is important for Ihe on-scene
news office to describe accurately in
news releases uach agency's
contribution to the response effort, and
to make bure that the various agencies
assisting the OSC are represented at
pi ess conferences.
(3) Each OSC and supporting district
or regional office must establish
contacts and a working relationship
with the regional news media as part of
preparation and planning before a
pollution incident occurs.
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17846 Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations
(d)(l) A Public Information Assistance
Team (PIAT) shall be available to help
OSCs and agenies' regional offices meet
the demands for public information
during a major pollution incident or
threatened incident. Team members will
be trained in journalism, public
relations, and photography, and will
have a knowledge of pollution response
techniques, equipment, and the laws and
regulations relating to pollution
incidents. PIAT will be based at U.S.
Coast Guard Headquarters and can be
requested through the NRG any time.
(2) If the NRT has not been activated,
the PIAT can serve as a center for
answering inquiries in Washington,
D.C.. upon request of the parent agency
of the OSC.
Subpart D—Plans
§ 1510.41 Regional contingency plans.
(a) The RRTs shall develop regional
contingency plans for each standard
Federal region. The purpose of these
plans is coordination of a timely,
effective response to pollution incidents
by various Federal agencies and other
organizations. Regional contingency
plans must have a broad scope. They
must include information on all useful
facilities and resources in the region.
from government commercial, academic
and other sources. To the greatest extent
possible, regional plans will follow the
format of the National plan. An example
of the desired format is in Annex II.
(b) Each region includes many
scientists who can make significant
contributions to the response activities
of the OSC and RRT. Regional Scientific
Support Coordinators (SSCs) shall
organize and coordinate these scientists
and their contributions to the greatest
extent possible. SSCs with advice from
RRT members, shall also develop the
parts of the regional plan that relate to
scientific support.
§ 1510.4 2 Local contingency plans.
(a) Each OSC if responsible for
developing a local contingency plan for
the Federal response in his area of
responsibility (Federal local plans}. The
plan should provide for a well-
coordinated response that allows
integration of or compatibility with
pollution response plans of local, State
and non-Federal entities. The plan shall
identify environmentally sensitive areas,
the probable locations for pollution
incidents, the kinds of resources
required to respond to pollution
incidents, where such resources can be
obtained, plans of action for protecting
vulnerable resources, methods and sites
for disposal of recovered oil and
hazardous pollutants consistent with
local and state plans developed under
the Resource Conservation and
Recovery Act (42 U.S.C. 6901, et seq.],
and a local structure for responding to
pollution incidents. The Federal local
plan shall be developed in concert with
and shall be consistent with fire
emergency and disaster plans prepared
by State and local agencies. To the
greatest extent possible, Federal local
plans will follow the sample format in
Annex II.
(b) While the OSC is responsible for
developing Federal local plans, a
successful planning effort depends upon
the full cooperation of all agency
representatives, and includes the
development of local capabilities to
respond to pollution incidents. Particular
attention must be given, during the
planning process, to developing a
multiagency local response team for
coordinating on-scene efforts. The RRT
must ensure proper liaison between the
OSC and local representatives of RRT
members.
A National inventory of pollution
response and support equipment (SKIM)
has been developed to help OSCs and
RRTs gain rapid access to resources
during emergencies. This inventory is
accessible through the NRC. remote data
terminals at Coast Guard Districts and
Marine Safety Offices, and Captain of
the Port Offices. The inventory shall
include privately or commercially
owned equipment as well as government
resources. Regional and local planners
shall ensure that data in the system are
current and accuate, so that OSCs can
make full use of it during emergencies,
with minimal delays in obtaining needed
resources. The Coast Guard is
responsible for keeping the national
inventory up to date with information
•from the regional offices of Federal
agencies.
Subpart E—Operational-Response
Phases
§ 1510.51 Phase 1—Discovery and
notification.
(a) A discharge or potential discharge
may be discovered through: (1) A report
submitted by a discharger in accordance
with statutory requirements; (2)
deliberate search by vessel patrols and
aircraft; and (3) random or incidental
observation by Government agencies or
the public.
(b) A discharge or potential discharge
discovered through deliberate search
should be reported directly to the NRC.
Reports of random discovery may be
provided by fishing or pleasure boats,
fire and police departments, telephone
operators, port authorities, news media,
or others. Such reports should be made
to the NRC or the nearest USCG or EPA
office. (See § 1510.33(e) and Annex III).
Regional and local plans shall provide
for all reports to be channeled to the
NRC, RRC, and appropriate State'
agency (as agreed upon with each State)
as promptly as possible. Reports of
major and medium discharges received
by either EPA or USCG shall be
expeditiously relayed by telephone to
appropriate members of the RRT as
specified by the regional contingency
plan. Reports of minor discharges shall
be exchanged between EPA and USCG
as agreed to by the two agencies.
(c) The agency furnishing the OSC for
a particular area is responsible for
implementing Phase I activities in that
area.
§ 1510.52 Phase Il-Evaluatlon and
Initiation of action.
(a) The OSC shall ensure that a report
of a discharge or potential discharge is
immediately investigated. On the basis
of all available information, the OSC
shall: (1) Evaluate the magnitude and
severity of the discharge or threat; (2)
determine the feasibility of removal; and
(3) assess the effectiveness of removal
actions.
(b) When appropriate and as soon as
possible after receipt of a report, the
OSC shall advise the RRC of the need to
initiate further Federal response actions.
The actions may be no more than
activation of the RRT. or a request for
additional resources for further
surveillance, or they may extend to
Phase III or Phase IV containment or
removal operations.
(c) 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,
advise the responsible party. If the
responsible party does not then take
proper actions, or if the discharger is
unknown or is otherwise unavailable,
the OSC shall, pursuant to § 311(c)(l) of
the Act, take whatever actions are
necessary to eliminate the threat or
remove the pollutant.
§ 1510.53 Phase III—Containment and
countermeasures.
Defensive actions should begin as
soon as possible after a discharge or
potential discharge is discovered. This
phase may include actions to protect the
public health and welfare such as:
analyzing water samples to determine
the source and spread of the pollutants;
procedures to control the source of
discharge; measures to keep waterfowl
and other wildlife away from the
polluted area; damage control or salvage
operations; placement of physical
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Federal Register / Vol. 45, No. 55 / Wednesday. March 19. 1980 / Rules and Regulations 17847
barriers to deter the spread of a
pollutant; use of booms or barriers to
protect specific installations or areas;
control of the water discharged from
upstream impoundments; and the use of
chemicals and other materials, in
accordance with Annex X. to restrain
the spread of the pollutant and mitigate
its effects.
§ 1510.54 Phase IV—Cleanup, mitigation
and disposal.
(a) Actions should be taken to recover
the pollutant from the water and
affected shorelines. These actions
include: the use of sorbents, skimmers
and other collection devices for floating
pollutants; the use of vacuum dredges or
other devices for sunken pollutants; the
use of reaeration or other methods to
mitigate damage from dissolved,
suspended, or emulsified pollutants: and
special treatment techniques to protect
public water supplies or fish and
wildlife resources from continuing
damage.
(b) Pollutants and contaminated
materials recovered in cleanup
operations shall be disposed of in
accordance with regional and local
contingency plans (see § 1510.42(a)).
§ 1510.55 Phase V—Documentation and
cost recovery.
(a) Documentation and cost recovery
may involve a variety of actions,
depending on the discharge. Recovery of
Federal removal costs and recovery for
damage done to Federal, State, or local
government property is included.
Damages to private citizens (including
loss of earnings] are not addressed by
this Plan. OSCs shall furnish
documentation required by the revolving
fund administrator to support Federal
efforts to recover costs from responsible
parties. Procedures to be fallowed to
fulfill documentation requirements are
specified in the Coast Guard directives
in the 16450.1 series.
(b) Information and samples needed
for legal and scientific purposes shall be
collected during this phase. Information
and samples are necessary for later
identification of Financially responsible
parties, for scientific understanding of
the environment, and for research and
development. The samples and
information must be gathered at the
proper time during the removal
operations, because otherwise wind and
current may disperse the evidence.
(1) All agencies shall follow uniform
procedures, described m Annex VI, for
collection of samples and information.
[2] The OSC shall take necessary
actions during response phases to
ensure necessary collection and
safeguarding of information, samples,
and reports.
(c) The information and reports
obtained by the OSC shall be
transmitted to the RRC. Copies will then
be forewarded to the NRC, members of
the RRT, and others as appropriate.
§1510.56 Pollution reports.
(a] Within 60 days after the
conclusion of a major pollution
discharge and when requested by the
RRT, the 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 submit the
report and an endorsement to the NRT
for review. This shall be accomplished
within 30 days after the report has been
received.
(b) The OSC's report shall accurately
record the situation as it developed, the
actions taken, the resources committed
and the problems encountered. The
OSC's recommendations, based on these
experiences, are a source for new
procedures and policy.
[c) The format for OSC's reports will
be as follows:
(1) Summary of Events.—This part is a
chronological narrative of all events,
including-
(i) The cause of the incident,
(ii) The initial situation;
(iii) The organization of the response;
and
(iv) The resources committed.
These sections may be presented
separately or included in the narrative.
If applicable, the following information
will also be included:
(v) The location (water body. State,
city, latitude and longitude] of the spill;
whether the discharge was in
connection with activities regulated
under the OCSLA or Deepwater Port
Act; or whether it might have or actually
did affect natural resources under the
exclusive management authority of the
United States;
(vi) Details of Federal or State efforts
to replace or restore damaged natural
resources; and
(vii) Details of any threat abatement
actions taken under sections 311(c] or
(d) of the Act.
(2) Effectiveness of Response and
Removal Actions.—This part should
candidly and thoroughly analyze the
effectiveness of the response and
removal actions taken by:
(i] The discharger;
(ii) Stale and local forces;
(hi) Federal agencies and special
forces: and
(iv) (If applicable] contractors, private
groups and volunteers.
(3) Problems Encountered—This part
should list any problems encountered
and describe how they affected the
response. Particular attention should be
given to any problems of
intergovernmental coordination that
may have occurred.
(4) Recommendations,—This section
should include all recommendations of
the OSC. An endorsement from the RRT
shall be included. At a minimum the
following areas should be covered:
(i) Means to prevent a recurrence of
the incident;
(ii) Improvement of response actions.
Any recommended changes in the
regional or National contingency plans
should also be included.
§ 1510.57 Special considerations.
(a) Safety of personnel.—Actual or
potential polluting discharges
threatening damage to air and water can
also threaten human health and safety
The OSC should be aware of the
hazards, should exercise great caution
in allowing civilian or government
personnel into the affected area until the
nature of the substance discharged is
known, and due caution should be
exercised thereafter. Local contingency
plans shall 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
included.
(b) Waterfowl conservation —Oil
discharges, particularly in estuanne and
near shore areas, often cause severe
stress to resident and migratory bird
species, The DOI representative and the
state liaison to the RRT shall arrange for
and coordinate actions of professional
and volunteer groups wishing to
participate in waterfowl dispersal,
collection, cleaning, rehabilitation, and
recovery activities. Regional and local
contingency plans shall, to the extent
practicable, identify organizations or
institutions that are willing to
participate in such activities and
operate such facilities, Waterfowl
conservation activities will normally be
included in Phase III and Phase IV
response actions (§§ 1510.53 and 1510.54
of this subpart).
Subpart F—Coordinating Instructions
§ 1510.60 Delegation of authority.
As provided by Annex X of this Plan,
EPA delegation of authority or
concurrence in the* use of chemical
pollution control activities initially may
be oral; however, written confirmation
by the EPA representative on the RRT
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17848 Federal Register / Vol. 45, No. 55 / Wednesday. March 19. 1980 / Rules and Regulations
should be completed as soon as
§151062 Multi-regional actions.
(a) If a discharge or a potential
discharge moves from the area covered
by one Federal local or regional
contingency plan into another area, the
authority for pollution control actions
shall likewise shift. If a polluting
discharge or potential discharge affects
areas covered by two or more regional
plans, the response mechanism of both
plans shall be activated. In this case,
pollution control actions of all regions
concerned shall be fully coordinated as
detailed in the regional plans.
(b) There shall be only one OSC at
any time during the course of a response
operation. Should a discharge affect two
or more areas, the EPA and USCG will
designate the OSC, giving prime
consideration to the area vulnerable to
the greatest damage. The RRT shall
designate the OSC if EPA and USCG
members are unable to agree on
designation. The NRT shall designate
the OSC if members of one RRT or of
two adjacent RRTs are unable to agree
on the designation.
§ 1510.63 General pattern of response
actions.
(a) When the OSC receives a report of
a discharge or potential discharge, he
should normally take action in the
following sequence:
(1) Investigate the report to determine
pertinent information such as the threat
posed to public health or welfare, the
type and quantity of material
discharged, and the source of the
discharge.
(2) Notify RRT members and the
Scientific Support Coordinator, in
accordance with the applicable regional
plan.
(3) Determine, in accordance with
section 3H(c)(l) of the Act, whether the
discharger (thai is, the owner or
operator of the vessel, onshore facility,
or offshore facility from which the
discharge occurs) is properly carrying
out removal actions. Removal is being
done pioperly when:
(i) The discharger's cleanup is fully
sufficient to minimize or mitigate
damage to the public welfare. The
discharger's removal efforts are
"improper" (o the extent that Federal
efforts are necessary to prevent further
damage: and
(») The discharger's removal efforts
are in accordance with applicable
regulations and guidelines, including
this Plan, especially Annex X.
(4} Officially classify the severity of
the discharge and determine the course
of action to be followed.
(5) Determine whether state action to
effect removal is necessary within the
meaning of section 311(c)(2)(H) of the
Act (See § 1510.65(h)).
(b] The preliminary inquiry will
probably show that the situation falls
into one of five classes. These classes
and the appropriate response to each
are outlined below:
(1] If the investigation shows that the
initial information overstated the
magnitude or danger of the discharge
and no environmental pollution or
potential pollution is involved, the case
shall be considered a false alarm and
should be closed.
(2) If the investigation shows a minor
discharge with the discharger taking
appropriate removal action, contact
should be established with the
discharger. The removal action should
be monitored to insure continued proper
action by the discharger.
(3) If the investigation shows a minor
discharge with improper removal action
being taken, the following measures
shall be taken:
(i) An immediate effort should be
made to prevent further discharges from
the source.
(ii) The discharger shall be advised of
the proper action to be taken.
(iii) If the discharger does not follow
this advice, warning of the discharger's
liability for the cost of removal,
pursuant to § 311(f) of the Act, shall be
given.
(iv) The OSC shall notify appropriate
state and local officials. He shall keep
the RRC advised and initiate Phase III
and IV operations as conditions
warrant.
(v) Information shall be collected for
possible recovery of removal costs when
removal is effected in accordance with
i 1510.55.
(4] When a report of investigation
indicates that a medium, discharge has
occurred, or the potential for a medium
discharge exists, the OSC shall follow
the same general procedures as for a
minor discharge. Additionally, the OSC
shall make a recommendation
concerning team activation to the
chairman of the RRT.
(5) When a report indicates that a
major discharge has occurred, a
potential major pollution emergency
exists, or that a discharge or potential
discharge which could arouse wide
public concern has occurred, the OSC
shall follow the same procedures as for
minor and medium discharges. The RRC
and NRC shall, however, be notified
immediately of the situation even if the
initial report has not been confirmed.
S 1510.64 Special forces available to the
OSC.
(a) The National Strike Force consists
of the Strike Teams established by
USCG on the East, West and Gulf
Coasts and includes the emergency task
forces to provide assistance to the OSC
during Phase II, IV, and V operations as
the circumstances of the situation
dictate. When possible, the Strike
Teams will provide training to the
emergency task forces and participate
with the RRT in regional and local
contingency plan development.
(1) The Strike Teams can provide
communications support, advice, and
assistance for oil and hazardous
substances removal. These teams also
have knowledge of ship salvage, damage
control, diving and removal techniques.
Additionally, they are equipped with
specialized containment and removal
equipment, and have rapid
transportation available.
(2) Emergency task forces, established
by the USCG at major ports pursuant to
section 311(c)(2)(C) of the Act, consist of
trained personnel with supplies of oil
and hazardous substances pollution
control equipment and materials, and
detailed discharge removal plans for
their areas of responsibility.
{3} The Strike Teams will respond to
requests for assistance from the OSC.
Requests for a team may be made
directly to the Commanding Officer of
the appropriate team, the Coast Guard
member of the RRT, the appropriate
area commander, USCG, or to the
Commandant, USCG through the NRC.
Emergency task forces work directly for
the OSC and are accessible through
those offices.
(b)(l) The Environmental Response
Team [ERT) is established by EPA in
accordance with its disaster and
emergency responsibilities. The ERT
includes expertise in biology, chemistry
and engineering. It can provide access to
special decontamination equipment for
chemical spills and advice to the OSC
on:
(i] Cleanup techniques and priorities;
(ii) Water supply contamination and
protection;
[in] Application of dispersan-s;
(iv) Habitat restoration; and
(v) Disposal of contaminated material.
The ERT will be especially useful to
the OSC in hazardous substances spill
response and in damage assessment for
all spills.
(2) The OSC or RRT requests for ERT
support should be made to the EPA
representative on the RRT, the EPA
Headquarters emergency coordinator or
the appropriate EPA regional emergency
coordinator.
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Federal Register / Vol. 45, No. 55 / Wednesday. March 19, 1980 / Rules and Regulations 17849
(c)(l) Scientific support is organized
by EPA and NOAA, with assistance
from DOI, to support the OSC by
providing scientific assistance including:
oceanography, chemistry, location of
environmentally sensitive areas,
assessment of environmental damage
and coordination of on-scene scientific
activity. Generally, the Scientific
Support Coordinator (SSC) for coastal
oil spills will be provided by NOAA and
those for inland spills will be provided
by EPA. This delineation of
responsibility may be modified within a
region by agreement between DOC, DOI
and EPA representatives to the RRT.
(2) Scientific support coordinators
serve as advisors to the RRT and OSC in
planning and on the OSC staff during
major spill response operations.
(i) In planning, the SSC works with
the RRT to identify vulnerable resources
within the region and to establish and
maintain a scientific support structure
within the region. The structure should
be adequate to provide the OSC with
well qualified scientific assistance.
Specific responsibilities of the SSC in
planning are:
(aa) Establish contact with the
scientific community within the region,
including State, local, university,
industry and others, to determine the
existing capability to perform damage
assessment that may be necessary in
support of the OSC. In those regions
whose states have well developed
scientific organizations, they should be
employed to support the CSC.
{bb) Organize the development of
those portions of regional and local
contingency plans that deal with
scientific support to the OSC and the
responsibilities of agencies that must
perform damage assessment of pollution
incidents. The SSC shall advise each
OSC of scientists who can provide
scientific advice in assessing effects of
spills in localized areas.
(cc) Identify, in cooperation with the
region's scientific community, research
(basic or applied, data gathering,
processing, etc.) required to support the
OSC in mitigating the effects of spills
and improve the existing capability to
support damage assessment.
(ii) When requested by the OSC, the
SSC will function as a member of the
OSC's staff. In that capacity, the SSC
functions as the liaison between the
scientific community and the OSC. The
extent and nature of SSC involvement in
the operational mode shall be
determined by the OSC. In order to
provide an orderly and intelligible flow
of information to the OSC, act as a
mediator among differing scientific
opinions, and advise the OSC on use by
scientific personnel of limited common
resources such as aircraft and vessels,
the SSC shall:
(aa) Coordinate response from
scientific to OSC requests for assistance
and to requests from RRT agencies for
performance of o ige assessment
investigations; coordinate responses and
requests from scientists interested in
performing research on spills.
(bb) Serve as the principal liaison for
scientific advice from the scientific
community to the OSC The SSC shall
ensure that differing scientific views
within the scientific community are
communicated to the OSC in timely
manner.
(3) The SSC will respond to requests
for assistance from the OSC or from the
chairman of the appropriate RRT.
Details on provision of the access to
scientific support shall be included in
regional contingency plans.
(d) The activation or involvement of
any special forces shall not relieve the
OSC of any responsibilities for
notification and activation of any
member agency of the RRT concerning a
pollution incident. The activation and
involvement of any special forces will
not replace or impede the response
actions of any RRT agencies in carrying
out responsibilities outlined in § 1510.22,
or in providing advice or assistance to
the OSC or RRT relative to a pollution
incident.
§ 1510.65 Funding.
(a) If the person responsible for the
discharge or threat of discharge does not
act promptly, or take proper removal
actions, or if the person responsible for
the discharge is unknown, Federal
discharge removal actions may begin
under section 311(c)(l) of the Act. The
discharger, if known, is liable for the
costs of Federal removal in accordance
with section 311(f) of the Act.
(b) Actions undertaken by the
participating agencies in response to
pollution shall be carried out under
existing programs and authorities
insofar as practicable. This Plan intends
that Federal agencies will make
resources available, expend funds, or
participate in response to pollution
incidents under their existing authority.
Authority to expend resources will be in
accordance with agencies' basic statutes
and, if required, through cross-servicing
agreements. Specific interagency
reimbursement agreements may be
signed when necessary to ensure that
the Federal resources will be available
for a timely response to a pollution
incident. The ultimate decision as to the
appropriateness of expending funds
rests with the agency that is held
accountable for such expenditures.
(c) A pollution revolving fund,
administered by the Commandant.
USCG, has been established pursuant to
section 311 (k) of the Act. Regulations
governing the administration and use of
the fund are contained in 33 CFR Part
153. The OSC shall exercise sufficient
control over removal operations to be
able to certify that reimbursement from
the fund is appropriate.
(d) Funding of response actions other
than removal, such as scientific
investigations not in support of removal
actions or law enforcement, shall be
provided by the agency with legal
responsibility for those specific actions.
(e) The funding of removal actions
necessitated by a discharge from a
Federally operated or supervised facility
or vessel is the responsibility of the
operating or supervising agency.
(f) The following agencies have funds
available for certain discharge removal
actions
(1) The EPA can provide funds to
begin timely discharge removal actions
when the OSC is an EPA representative
Because EPA does not have funds
authorized for this purpose, operating
program funds may be used to initiate
Phase III and IV activities: funding of
continuing Phase III and IV actions,
however, shall be determined on a case-
by-case basis by the Oil and Special
Materials Control Division at EPA.
(£) The USCG pollution control efforts
are funded under "operating expenses "
These funds are used in accordance
with agency directives and applicable
regional plans.
(3) The Department of Defense has
two specific sources of funds which may
be applicable to a pollution incident
under appropriate circumstances. (This
does not consider military resources
which might be made available under
specific conditions.)
(i) Funds required for removal of a
sunken vessel or similar obstruction of
navigation are available to the Corps of
Engineers through Civil Functions
Appropriations, Operations and
Maintenance, General.
(ii) The U S. Navy has funds available
on a reimbursable basis to conduct
salvage operations.
(g) Certain emergency response
activities under this plan may qualify for
reimbursement as disaster relief
functions In making a declaration of a
"major disaster" or a determination that
an "emergency" exists, the President
may allocate funds from his Disaster
Relief Fund, managed by the Director,
Federal Emergency Management
Agency. The Director may then
authorize certain reimbursements to
Federal agencies for assistance provided
under direction of his office. (See Title
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17850 Federal Register / Vol. 45, No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
24. CFR Chapter XIII, Part 2201,
"Reimbursement of Other Federal
Agencies under Pub. L. 91-506 (For use
under Pub. L. 93-283 until revised).) The
Director. FEMA, may also make
financial assistance available tc state
governments and, through the states, to
local governments (Sec Title 24, CFR
Chapter XIII. Psrt 2205 "Federal
Disaster Assistance").
(h) Pursuant to section 3ll(c)(2}(Hl of
the Act, the State or States affected by a
discharge of oil or hazardous substances
may act where necessary to remove
such discharge and may, pursuant to 33
CFR Part 153, be reimbursed from the
pollution revolving fund for the
reasonable costs incurred in such
removal.
(1) Removal by a state is necessary
within the meaning of section
311[c)(2)(H) of the Act when the OSC
determines that the owner or operator of
the vessel, onshore facility, or offshore
facility from which the discharge occurs
cannot effect removal properly and that:
(0 State action is required to minimize
or mitigate significant damage to the
public health or welfare which Federal
action cannot minimize or mitigate, or
(ii) Remove or partial removal can be
done by !he State at a cost which is less
than or not significantly greater than the
cost which would be incurred by the
Federal departments or agencies.
(2) State removal actions must be in
compliance with Annex X of this Plan in
order to qualify for reimbursement.
(3) State removal actions are
considered to be Phase III or Phase IV
actions, under the same definitions
applicable to Federal agencies.
(4) Actions taken by local government
in support of Federal discharge removal
operations are considered to be. actions
of the State for purpose of this section.
(i) Regional and local contingency
plans shall show what funds and
resources are available from
participating agencies under various
conditions and cost arrangements.
Intsragency agreements may be
necessary to specify when
reimbursement is required.
Annex I—1100 Distribution
1101 Plan Distribution
1101.1 This Plan will be distributed to
designated offices of participating Agencies,
state and interstate water pollution control
agencies and such other Federal, state, local
and private agencies and organizations which
are cooperating with and participating in
activities in support of the Plan.
1101.2 Included in this formal distribution
are the following:
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health, Education and
Welfare
Department of the Interior
Depnrtmen! of Justice
Department of Labor
Department of State
Department of Transportation
Env.ronmental Protection Agency
Federal Emergency Management Agency
All state representatives tn regional
response teams
All state water pollution control agencies
All interstate water pollution control
agencies
Other Federal, state, local and private
agencies and organizations, as
appropriate
1101.3 Formal distribution of the Plan and
amendments will be made by the
Environmental Protection Agency.
1102 A mendment, Distribution and Format
1102.1 Amendments to the Plan and
annexes will be made by sequentially
numbered changes. Numbered changes will
be effected by means of a transmittal sheet
which identifies the Plan, the change number
and date, the page numbers affected by the
change and any other instructions deemed
necessary for purpose of clarity or to make
special emphasis or explanation of the
change. There will be attached to the
transmittal sheet the revised or added pages
with the change number and current date on
each page at the upper right hand corner.
1102.2 Where a change can be effected
merely by pen and ink. the transmittal sheet
may be used to accomplish the change
without submission of revised pages. The use
of pen and ink changes is limited to those
cases where existing matter is being deleted
or is of minor extent.
1102.3 Asterisks will be used to indicate
changes. For line changes, an asterisk will be
placed before and after each sentence change
in the left and right page margins. For
paragraph changes, an asterisk will be placed
before and after each paragraph changed and
if continued on the next page, an astensk will
be placed at the top of the page and the end
of the paragraph. For a paragraph deletion, as
asterisk will be placed in the left margin and
the paragraph number or letter will be
retained in the original sequence followed by
the word "Rescinded" in parentheses.
1102.4 If the Plan is completely rewritten,
asterisks will not be used supersession will
be indicated at the bottom of the first page.
Annex II—Formats for Regional and Local
Contingency Plans
Regional Contingency Plan
Letter of Promulgation.
Record of Amendments.
Table of Contents.
List of Effective Pages.
100 Introduction
101 Authority.
102 Purpose and Objectives.
103 Scope.
104 Abbreviations.
105 Definitions.
200 Policy and Responsibility
201 Federal Policy.
202 Multi-National Policy.
203 Federal Responsibility.
204 Non-Federal Responsibility.
300 Planning and Response Organization
301 Spill Response Activity and
Coordination—General.
302 Regional Response Team.
303 Regional Response Center.
304 On-Scene Coordination.
305 Special Forces.
400 Coordinating Instructions
401 Delegation of Authority.
402 Notification.
403 Multi-regional Responses.
404 Multi-national Responses.
405 Coordination with Special Forces.
408 Termination of Response Activities.
407 Resolution of Disputes.
500 Procedures for Reviewing and Updating
the Regional and Local Contingency Plans
501 Responsibility.
502 Procedures for Review.
Annex I—1100 Distribution.
Annex 11—1200 Regional Response Team.
Annex III—1300 Regional Response Center.
Annex IV—1400 Geographical Boundaries.
Annex V—1500 Notifications,
Communications and Reports.
Annex VI—1600 Public Information.
Annex VII—1700 Legal Authorities.
Annex VIII—1800 Documentation for
Enforcement and Cost Recovery.
Annex IX—1900 Funding.
Annex X—2000 Cleanup Techniques and
Policies.
Annex XI—2100 Arrangements for
Participation of Non-Federal Groups.
Annex XII—2200 Interagency Support
Agreements/Arrangements.
Annex XIII—2300 State Contingency Plans.
Annex XIV—2400 Multi-national Contingency
Plans.
Annex XV—2500 Regional Data Base.
Annex XX—3000 National Contingency Plan.
Local Contingency Plans
Letter of Promulgation.
Record of Amendments.
Table of Contents.
List of Effect Pages.
100 Introduction
101 Authority.
102 Purpose and Objective.
103 Scope.
104 Abbreviations.
105 Definitions.
200 Policy and Responsibility
201 Federal Policy.
202 Related State Policy.
203 Multi-national Policy.
204 OSC Responsibility.
205 Non-Federal Responsibility.
300 Planning and Response Considerations
301 Oil and Hazardous Substances
Transportation Pattern.
302 Transfer Storage and Processing
Facilities.
303 Historical Spill Considerations.
304 Hydrological and Climatological
Considerations.
305 Local Geography.
308 Highly Vulnerable Areas.
307 Local Response Resources.
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Federal Register / Vol. 45. No. 55 / Wednesday, March 19. 1980 / Rules and Regulations 17851
308 Waterfowl Conservation.
309 Endangered Species.
400 Response Organization
500 Operational Response Actions
600 Coordination Instructions
602
603
604
605
Delegation of Authority.
Notification.
Coordination with Special Forces.
Termination of Response Activities.
Resolution of Disputes.
700 Procedures for Reviewing and Updating
the Local Contingency Plan
Annex I—1100 Distribution.
Annex II—1200 Pollution Response Personnel
Assignments.
Annex III—1300 Geographical Boundaries
Annex IV—1400 Notifications.
Communications and Reports
Annex V—1500 Public Information.
Annex VI—1600 Documentation for
Enforcement and Cost Recovery
Annex VII—1700 Funding.
Annex VIII—1800 Clean up Techniques and
Policies.
Annex IX—1900 Arrangements for Non-
Federal Groups.
Annex X—2000 Interagency Support.
Annex XI—2500 Geographical/Action
Directory.
Annex XVI—2600 Response/Assistance
Directory.
Annex III—Regions and Office Locations of
EPA and Ihe Coast Guard
1300 Geographical Boundaries
Regional contingency plans shall be based
upon the Standard Federal Regions Local
plans shall be based upon the subregional
area, for which each OSC is responsible for
responding to pollution incidents. These
plans are available for inspection at EPA
regional offices or USCG district offices as
shown in 1301 and 1302. Other agencies'
addresses and telephone numbers may be
found in the United States Government
Manual (issued annually) or in the local
telephone directories.
1301 Environmental Protection Agency—
Office addresses, telephone numbers, and
map.
1302 Department of Transportation—
United States Coast Guard district offices
addresses, telephone numbers, and map.
Environmental Protection Agency, Region I
Room 2303. John F. Kennedy Federal Bldg.,
Boston. MA 02203. Tel: (617) 223-7265.
Environmental Protection Agency. Region II,
Room 908, 26 Federal Plaza. New York, NY
10007. Tel: (201) 548-8730.
Environmental Protection Agency. Region III.
Curtis Building, 6th & Walnut Streets.
Philadelphia, PA 19106. Tel (215] 597-9898.
Environmental Protection Agency, Region IV.
345 Courtland Street, ME, Atlanta. GA
30308. Tel- (404) 881-4082.
Environmental Protection Agency, Region V,
536 South Clark Street, Chicago. IL 60605,
Tel- (312) 353-2318.
Environmental Protection Agency, Region VI.
1201 Elm Street. First International Bldg ,
Dallas, TX 75270. Tel. (214) 749-3840
Environmental Protection Agency, Region
VII, 1735 Baltimore Street. Kansas City.
MO 64108. Tel: (816) 374-3778
Environmental Protection Agency. Region
VIII, Suite 900.1860 Lincoln Street, Denver,
CO 80295, Tel: (303) 837-3880.
Environmental Protection Agency, Region IX,
215 Freemont Street, San Francisco. CA
80295. Tel: (303) 837-3880.
Environmental Protection Agency, Region X,
1200 Sixth Avenue, Seattle. WA 98101. Tel:
(206) 442-1200.
BILLING CODE 312S-01-M
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STANDARD FEDERAL REGIONS
(EPA, HEW AND HUD REGIONS]
. 0
IX
Hti.idqu.il i
AMERICAN SAMOA
BILLING CODE 31Z5-01-C
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Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations 17853
1302 Department of Transportation, U.S.
Coast Guard Districts
1st Coast Guard District. 150 Causeway
Si-eel. Boston. MA 02114. Duty Officer
(817) 22J-3645
2nd Coast Guard District. 1430 Olive Street.
St Louis. MO 63101, Duty Officer (314)
425-4014
3rd Coasl Guard District. Governors Island,
\ew York. NY 10004. Duty Officer (212)
668-7055
5lh COTS I Guard District. Federal Building.
43; Crawford Street Portsmouth. VA 23705.
Duty Officer (804) 398-6231
7th Coast Guard D,strict. Room 1018, Federal
Building. 51 SW 1st Avenue. Miami. FL
33130. Duty Officer (305) 350-5611
P:h Coast Guard District. Hale Boggs Federal
Building 500 Camp Street, New Orleans,
LA 70130. Duty Officer (504) 589-6225.
9th Coast Guard"District. 1240 East 9!h Street.
Cle\ eland. OH 44199. Duly Officer (216)
293-3984.
11 th Coast Guard District, Union Bank
Building. 400Oceangate Boulevard, Long
Beach. CA 90822. Duty Officer (213) 590-
2225
12th Coast Guard District. 630 Sansome
Street, San Francisco. CA 94126. Duly
Officer (415) 555-5500
13th Coast Guard District. 915 2nd Avenue.
Seattle, WA 98174, Duty Officer (206) 442-
5886
14th Coast Guard District, Prince
Kalnmanaole Fed Bldg, 300 Ala Moana.
Honolulu. HI 96850. Duty Officer: (808) 546-
7109 (commercial only). AUTOVON—(315)
430-0111
17th Coast Guard District. PO Box 3-5000,
Juneau, AK 99802. Duty Officer (907) 586-
7340 (commercial only), AUTOVON—(317)
388-7340.
BILLING CODE 3125-OI-M
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JUNEAU
UNITED STATES DEPARTMENT OF TRANSPORTATION
U. S. COAST GUARD DISTRICTS
X
•o HONOLULU
Hl
0
14
BILLING CODE 312S-01-C
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Federal Register / Vol. 45. No. 55 / Wednesday, March 19. 1980 / Rules and Regulations 17855
Annex TV
1400 Legal Authorities.
14001 Federal statutes relative to control
of pollution by oil and hazardous substances
arc administered by several departments and
agencies. The following is a tabular summary
of the most important of these authorities:
Statute and Agency(ies)
1411 Federal Water Pollution Control Act.
as amended (33 USC1251, et. seq ), EPA.
USCG, CORPS. Justice
1412 Safe Drinking Water Act amendment
to the Public Health Service Act (42 USC
201). EPA
1413 Refuse Act of 1899 (33 USC 407, 411);
CORPS, USCG, Customs, Justice
1414 Toxic Substances Control Act, 1976 (42
USC 2601): EPA
1415 Resources Conservation and Recovery
Act of 1976 (42 USC 6801): EPA
1416 Marine Protection. Research and
Sanctuaries Act of 1970 (33 USC 1401 et.
seq ); EPA, USCG, NOAA. CORPS
1417 Hazardous Materials Transportation
Act of 1974 (49 USC 1801 et. seq.); DOT
1418 Ports and Waterways Safely Act as
amended (33 USC 1221, et seq.); USCG
1419 Federal Insecticide, Fungicide and
Rodenticide Act of 1972 (7 USC 121 et.
seq): EPA
1420 Deepwater Port Act of 1974 (33 USC
1501 et. seq.); DOT. DOI
1421 Outer Continental Shelf Lands Act, as
amended [43 USC 1331): DOI. DOT
1422 Oil Pollution Act of 1961, as amended
(33 USC 1001-1001 5); USCG. Customs.
CORPS. State
1423 Endangered Species Act of 1973. as
amended (16 USC 1531), FWS, NOAA
1424 Intervention on the High Seas Act (33
USC 1471-1487), USCG
1430 Related Federal statues, not specific to
oil and hazardous substances pollution
control, but, nonetheless, applicable to
discharge prevention and cleanup in
certain cases are:
1431 Disaster Relief Act of 1974; FEMA, All
Federal agencies
1432 U S Navy Ship Salvage Authority, U.S.
Navy
1433 The Migratory Bird Treaty Act (18 USC
701-71B); FWS
1440 Important International Conventions
and Agreements relative to oil and
hazardous substances pollution control
and liability are:
1441 International Convention for the
' Pre\ ention of Pollution of the Sea by Oil,
1954, and amendments
1442 Convention en the Territorial Sea and
the Contiguous Zone
1443 Convention between the Government
of the United States and the Government
of Japan for the Protection of Migratory
Birds in Danger of Extinction, and Their
Environment
1444 Convention on the Prevention of
Marine Pollution by Dumping of Wastes
and Other Matter
Annex V.—Communication Services
Available in National Response Center
1501 Telephone (voice} services available
include:
1501.1 Commercial telephone available 24
hours per day. free (800) 424-8802 (or 426-
2875 in the Washington, D.C. local calling
area);
1501.2 AUTOVON (Automated Voice
Network)—General purpose .. ions
Systems, which serves Continental U.S.,
Alaska, Europe, Pacific, and Panama;
1501.3 Washington Tactical
Switchboard—Pentagon terminal of the
tactical telephone system, operated by USAF;
1501.4. FTS—GSA operated government
administrative telephone system; and
1501.5 SARTEL—Search and Rescue
Command Coordination telephone network
including leased Hotline telephone net
extending from Halifax to New Orleans.
1502 Teletypewriter services available
include:
1502.1 AUTODIN—A worldwide high
speed user data communications system
operated for and managed by the DCA to
provide both direct user-to-user and store
and forward message switching service for
DOD and other government agencies;
1502 2 SARLANT—Coast Guard-leased
teletypewriter system extending from
Massachusetts to Texas (used to control and
coordinate search and rescue incidents and
to handle other operational traffic and
priority administrative communications);
1502.3 SARPAC—Same as 2.2 for the
West Coast U.S.; and
150Z.4 TELEX—Teletypewriter exchange
service provided by Western Union that
serves Continental U.S., industry and
government offices. TELEX also permits
direct connections.
Annex VI.—Sample Collection Procedures
1601 Sample collection procedures to be
followed by OSC:
1601.1 Several precautions must be
observed when taking and handling liquid
samples for analyses as the character of the
sample may be affected by a number of
common conditions. These precautions
concern the following: (a) The composition of
the container; (b) cleanliness of the container;
and. (c) manner in which the sample is taken.
1601.2 In taking such samples, the
following procedures are to be followed in all
cases:
1601.2-1 Glass or other appropriate
containers of suitable size shall be used. The
portion of the closure (sealing gasket or cap
liner) which may come into contact with the
sample in the container is of considerable
importance. When oil or petroleum
hydrocarbons are to be sampled, the closure
should be made of glass, aluminum foil, or
teflon. Pollutants other than oil may require
special precautions such as jacketing of glass
containers or different closure material. The
analysis laboratory should be consulted
whenever a question arises to the
appropriateness of any packaging material.
1601.2-2 Previously unused containers are
preferred. Containers that have been cleaned
with a strong detergent, thoroughly rinsed,
and dried may be used.
1601.2-3 Some explanatory notes
governing the above procedures are as
follows: (a) Glass or other appropriate
containers always must be used because
plastic containers, with the exception of
teflon, have been found in some cases to
absorb organic materials from water and, in
other cases, compounds have been dissolved
from plastic containers; (b) as it is desirable
to take a large sample of the pollutant, proper
skimming techniques should be used to
obtain a sufficient amount of oil for analysis;
and (c) because pollution conditions change
rapidly, samples should be taken promptly,
and the time sequences and locations noted.
1601.2-4 Consult with the analysis
laboratory personnel relative to special
samples and unusual problems. o
1601.2-5 Samples collected are to be
transmitted for analysis, using special courier
or registered mail (return receipt requested).
Appropriate analytical laboratories are
designated in the regional plan. Reports of
laboratory analysis will be forwarded to the
appropriate RRT for tranamitlal lo counsel.
Annex VII.—1700 Technical Information
1701 Technical Library
1701.1 A technical library of pertinent
pollution control documents will be
maintained in the NRC and in each RRC.
Such information should be useful as
reference information to the experienced
OSC and instructional to less experienced
personnel.
1702 Specific References
1702 1 As a minimum, the following
reference documents will be maintained in
the NRC and in each RRC technical library.
1702.1-1 Current National Oil and
Hazardous Substances Pollution Contingency
Plan.
1702.1-2 Current Regional and State Oil
and Hazardous Substances Pollution
Contingency Plan.
1702.1-3 Current Directory of the
American Council of Independent
Laboratories.
1702.1-4 Encyclopedia of Chemical
Technology, 22 Vol., Kirkothmer, 2nd edition
C1963-1971. John Wiley & Sons. New York.
New York.
1702.1-5 Chemical Data Guide for Bulk
Shipment by Water (U.S. Coast Guard CC-
388)
1702.1-6 U.S. Army Corps of Engineers'
Regulations ER 500-1-1 and ER 500-1-6
Emergency Employment of Army Resources
(Natural Disaster Activities).
1702.1-7 Federal Disaster Assistance
Program-Handbook for Applicants FDAA
3300.1, July 1973.
1702.1-8 Federal Disaster Assistance
Program-Eligibility Handbook 3300.2, July
1973.
1702.1-9 Federal Disaster Assistance
Program-Handbook for State and Federal
Officials 3000.4. December 1973.
17021-10 Handbook of Toxicology
(National Academy of Sciences/National
Resource Council)^
1702.1-11 46 CFR-146. Transportation or
Storage of Explosives or Other Dangerous
Articles or Substances, and Combustible
Liquids on Board Vessels.
1702.1-12 33 CFR. 3, 5.121.122.124-6.
Security of Vessels and Waterfront Facilities
(USCG CG 239).
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17856 Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
1702.1-13 33 and 40 CFR parts
implementing section 311 of the Federal
Water Pollution Control Act. as amended.
1702.2 In addition to the library specified
above, the RRC should have provision, either
in publications or by computer terminal, for
access to the EPA Technical Assistance Data
System, (TADS) and the USCG Chemical
Hazard Response Information System
(CHRIS).
Annex VIII Definitions of Terms
1801 API gravity. An empirical scale for
measuring the density of liquid petroleum
products, the unit being called the "degree
API".
1802 Ash. Inorganic residue remaining
after ignition of combustible substances
determined by definite prescribed methods.
1803 Asphalts. Black, solid or semi -solid,
bitumens which occur in nature or are
produced as residues during petroleum
refining.
1804 Bilge oil. Waste oil which
accumulates, usually in small quantities, in
the lower spaces in a ship, just inside the hull
plating. Usually mixed with larger quantities
of water.
1805 Blowout. A sudden, violent escape of
gas and oil from an oil well when high
pressure gas is encountered and preventive
measures have failed.
1806 Boiling point. The temperature at
which the vapor pressure of a liquid is equal
to atmospheric pressure.
1807 Bunker "C" oil. General term used to
indicate a heavy viscous fuel oil.
1808 Bunker fuel. General term for heavy
oils used as fuel on ships and in industry. It
often refers to No. 5 and 6 fuel oils.
1809 Bunkering. The process of loading
fuel aboard ship.
1810 Conversion tables. (Approximate
Conversions).
Materials
Crude oils
Aviauon gasolines
Motor gasolines
Koroscncs .
Gas oils
Diesel oils
Lubricating oils
Fuel oils
"iphali bitumens
Banl
per ton
(long)
67-81
B3-92
82-91
77-83
72-79
70-79
68-76
66-70
59-65
(As a general rule-of-thumb, use 6 5 barrels or
250 gallons per ton of oil)
1311 Crude oil Petroleum as it comes
from the earth. There may be several
thousands of different substances in crude
oil. some of which evaporate quickly while
others persist indefinitely. The physical
characteristics of crude oils may vary widely.
Crude oils are often identified in trade jargon
by their regions of origin. This identification
may not relate to the apparent physical
characteristics of the oil. Commercial
gasoline, kerosene, heating oils, diesel oils,
lubricating oils, waxes, and asphalts are all
obtained by refining crude oil
1812 Demulsibility. The resistance of an
oil to emulsification, or the ability of an oil to
separate from any water with which it is
mixed. The better (he demulsibility rating, the
more quickly the oil separates from water.
1813 Density. Density is the term meaning
the mass of a unit volume. Its numencal
expression varies with the units selected.
1814 Emulsion. A mechanical mixture of
liquids which do not naturally mix as oil and
water. Water-in-oil emulsions have the water
as the internal phase and oil as the external
phase. Oil in water emulsions have oil as the
internal phase.
1815 Fire point. The lowest temperature at
which an oil vaporizes rapidly enough to
burn for at least S seconds after ignition,
under standard conditions.
1816 Flash point. The lowest temperature
at which an oil gives off sufficient vapor to
form a mixture which will ignite, under
standard conditions.
1817 Fraction. Refinery term for a product
of fractional distillation having a restricted
boiling range.
1818 Fuel oil grade. Numerical ratings
ranging from 1 to 6. The lower the grade
number, the thinner the oil is and the more
easily it evaporates. A high number indicates
a relatively thick, heavy oil. Number 1 and
Number 2 fuel oils are usually used in
domestic heaters, and the others are used by
industry and ships. Number 5 and Number 6
oils are semi-solids that must be liquified by
heating. Kerosene, coal oil, and range oil are
all Number 1 oil. Number 3 is no longer used
as a standard term for fuel oil.
1819 Innage. Space occupied in a product
container.
1820 In personem. An action in personem
is instituted against an individual, usually
through the personal service of process, and
may result in the imposition of liability
directly upon the person of a defendant.
1821 In rem. An action in which the vessel
or thing itself is treated as the offender and
made defendant without any proceeding
against the owners or even mentioning their
names. The decree in an action in rem is
enforced directly against the condemnation
and sale thereof.
1822 Load On Top (LOT). A procedure for
ballasting and cleaning unloaded tankers
without discharging oil. Half of the tanks are
first filled with seawater while the others are
cleaned by hosing. Then oil from the cleaned
tanks, along with oil which has separated out
in the full tanks, is pumped into a single slop
tank. The clean water in the full tanks is then
discharged while the freshly-cleaned tanks
are filled with seawater. Ballast is thus
constantly maintained.
1823 Oil films. A slick thinner than .0001
inch and may be classified as follows:
Standard term
"Barely visible" . ..
"Silvery" .. . .
"Slightly colored"
"Brightly colored"
Gallons ol
oil per
square mile
25
SO
100
200
Appearance
Barely visible under
most favorable light
Visible as a silvery
sheen on surface
water
Fir,, -race of color
may be observed
Bright bands of color
are visible
1833 Tonnage IV:^ -ire various tonnages
applied to merchant .•> """he one
commonly implied is gfv...- ionnage although
in these days tankers and other bulk-earners
are often referred to in terms of deadweight.
1833.1 Gross tonnage. 100 cubic feet of
permanently enclosed space is equal to one
gross ton—nothing whatever to do with
weight. This is usually the registered tonnage
although it may vary somewhat according to
the classifying authority or nationality.
1833.2 Net tonnage. The earning capacity
of a ship. The gross tonnage after deduction
of certain spaces, such as engine and boiler
rooms, crew accommodations, stores,
equipment, etc. Port and harbor dues are
based on this tonnage.
1833.3 Displacement tonnage. The actual
weight in tons, varying according to whether
a vessel is in light or loaded condition.
Warships are always spoken of by this form
of measurement
1833.4 Deadweight tonnage. The actual
weight in tons of cargo, stores, etc., required
to bring a vessel down to her load line, from
the light condition. Cargo deadweight is, as
its name implies, the actual weight in tons of
the cargo when loaded, as distinct from
stores, ballast etc.
1834 Ullage. The amount by which a tank
or vessel lacks being filled. (See also Outage).
1835 Viscosity. The property of liquids
which causes them to resist instantaneous
change of shape, or instantaneous
rearrangement of their parts, due to internal
friction. The resistance which the particles of
a liquid offer to a force tending to move them
in relation to each other. Viscosity of oils IB
usually expressed as the number of seconds
at a definite temperature required for a
standard quantity of oil to flow through a
standard apparatus.
1838 Viscous. Thick, resistance to flow,
having a high viscosity.
1837 Volatile. Evaporates easily.
Annex X—Schedule of Chemical and Other
Additives to Remove Oil and Hazardous
Substances Discharges
2001 General
2001.1 This Schedule has been prepared
by the U.S. Environmental Protection Agency
pursuant to section 1(2) of Executive Order
11735. This Schedule applies to the waters of
the United States and adjoining shorelines,
the waters of the Contiguous Zone, and the
high seas beyond the Contiguous Zone in
connection with activities under the Outer
Continental Shelf Lands Act or the Deep
Water 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 1076).
2001.2 This Schedule applies to the use of
any chemicals or other additives as
hereinafter defined that may be used to
remove oil and remove or neutralize
hazardous substances discharges. Any
chemical agent or other substance not
specifically defined in this schedule will be
considered by EPA on a case-by-case basis
for use in the removal of oil and hazardous
substances discharges.
2001.3 This Schedule favors development
and utilization of sorbents, skimmers, booms
and other mechanical control methods to
remove or mitigate oil and remove, mitigate,
or neutralize hazardous substances
discharges from the environment with
subsequent proper disposal.
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Federal Register / Vol. 45. No. 55 / Wednesday. March 19. 1980 / Rules and Regulations 17857
2001 4 It is the intent of this Schedule that
the use of chpmicals and additives to remove
or mitigate the effects of oil or hazardous
substances discharges shall cause the least
overall environmental Impact.
2001 5 In implementing this Schedule and
in maintaining its relationship with other
Federal and State agencies. EPA shall
recognize that some States may have more
stringent laws, regulations or written policies
regulating the use of chemicals in the removal
of oil and hazardous substance discharges, in
which case such laws, regulations or policies
shall govern.
2001.6 It has been determined that
because of the overriding need for prompt
initiation of discharge removal actions no
formal permit, as provided for by Sec. 402 of
the Act, shall be required before application
of chemicals to mitigate the effects of a
discharge. The provisions of Sec. 1510.21(0
and 1510.36(a)(3) of this Plan shall apply.
2002 Definitions
Materials applied to oil or floating
hazardous substances discharges are defined
as follows:
2002.1 Chemical agents are those
elements, compounds, or mixtures that
disperse, dissolve, emulsify, neutralize.
precipitate, reduce, solubilize, oxidize.
concentrate, congeal, entrap, fix, gell, make
the pollutant mass more rigid or viscous, or
otherwise facilitate the mitigation of
deleterious effects or removal of the pollutant
from the water.
2002.2 Dispersing Agents are those
chemical agents which emulsify, disperse, or
solubilize oil into the water column or act to
further the surface spreading of oil slicks in
order to facilitate dispersal of the oil into the
water column.
2002 3 Surface Collecting Agents are
those chemical agents which are a surface
film forming chemical for controlling oil layer
thickness.
2D02.4 Biological Additives are
microbiological cultures, enzymes, or nutrient
additives that are deliberately introduced
into an oil or hazardous substance spill for
the specific purpose of encouraging bio-
degradation to mitigate the effects of a spill.
2002.5 Burning Agents are those materials
which, through physical or chemical means.
improve.the combustibility of the materials to
which they are applied.
2002 6 Sinking Agents are those materials
which are applied to oil and hazardous
substance spills to sink floating pollutants
below the water surface.
2002.7 Mechanical removal methods
include the use of pumps, skimmers, booms,
earthmoving equipment, and other
mechanical devices.
2002.8 Sorbents are essentially inert and
insoluble materials which are used to remove
oil and hazardous substances from water
through a variety of sorption mechanisms.
Examples include: straw, expanded perlite.
polyurethane foams, reclaimed paper fibers,
peat moss.
2003 Dispersing Agent Program for Spills of
Oil and Applicable Hazardous Substances
2003.1 Authorization for Use of Dispersing
Agents
2003 1-1 Major and mrdium discharges.
Dispersing agents may be used in any place,
at any time, and in quantities designated by
the OSC when their use will
2003.1-1.1 In the judgmcnt-of the OSC,
prevent or substantially reduce hazard to
human life.
2003.1-1 2 In the judgment of the EPA
RRT member on a case-by-case basis, in
consultation with appropriate State or
Federal agencies, prevent or reduce
substantial hazard to a major segment of the
population(s) of vulnerable species of
waterfowl, or.
2003.1-1.3 In the judgment of the EPA
RRT member on a case-by-case basts, in
consultation with appropriate State and
Federal agencies, result in the least overall
environmental damage, or interference with
designated water uses.
20031-2 Minor discharge. The provisions
of section 2003.1-1 shall apply.
2003 2 Special Restrictions on Dispersing
Agent Use:
2003.3.2-1 Chemical agents shall not be
considered for use as dispersing agents
unless technical product data have been
provided and accepted in accordance with
2003.3 except when the judgment of the OSC
the hazards discussed in 2003.1-1.1 are so
imminent that the time delay for obtaining a
dispersant agent that is in compliance with
2003 3 would be excessive.
2003.2-2 Federal officials responsible for
oil and hazardous substance spill response
activities at all levels shall develop effective
piograms to insure that dispersants that are
available for use in appropriate spill response
actions are dispersants with adequate
technical data on file with EPA. This effort
will help preclude the avoidance of the EPA
technical data program by manufacturers or
suppliers who might wish to take advantage
of the emergency conditions provision of
2003 2-1.
2003.2-3 For all situations where
dispersants are used, accurate records shall
be kept on dispersant types, brands.
application rates and methods, effectiveness.
environmental Impacts, plus any other
pertinent observations.
2003 3 Technical Product Data For
Dispersing Agents
2003.3-1 Technical product data as
outlined in 2003.3-4 on the physical, chemical
and toxicity characteristics of a dispersing
agent shall be submitted to the Oil and
Special Materials Control Division (WH-548).
Environmental Protection Agency,
Washington, D C. 20460. at least 60 days prior
to the use of the agent. Within 60 days of
receipt of the data. EPA will inform, in
writing, the submitter on the adequacy of the
data provided. If additional information is
requested or EPA desires to perform tests, the
dispersing agent may not be considered for
use until the additional needs have been
satisfied and the submitter so notified.
2003.3-2 Information furnished in
accordance with 2003.3-4 shall be maintained
on file by the Environmental Protection
Agency, Oil and Special Materials Control
Division. (WH-548) Washington, D.C. 20460,
to provide technical guidance to OSCs on the
acceptable circumstances of use and dosage
rates for dispersing agents. Any changes in
the composition or formulation of the
dispersing agent that will affect any of the
data being requested in 2003 3-4 shall be
immediately brought to the attention of EPA
and testing of the agent will be repeated prior
to the use of the revised dispersing agent.
2003.3-3 The acceptance and
maintenance of product data by EPA does
not constitute approval of the dispersing
agent nor does it imply compliance with any
EPA criteria! or minimum standards for such
agents. The OSC will determine which
dispersing agent may be used for a spill event
on a case-by-case basis using all available
information in making such a decision. To
avoid possible misinterpretation and
misrepresentation of the EPA's role in this
technical product data program, the
manufacturer's representatives may use only
the EPA letter advising compliance with
2003.3-4 in any advertisements or technical
literature on the dispersing agent. The EPA
letter must be used in its entirety. Failure to
comply with these restrictions or any other
improper reference to EPA in attempting to
demonstrate EPA approval of the dispersing
agent for use on spills of oil or hazardous
substances shall constitute grounds for
removing the technical product data from
EPA files, which would preclude use of the
dispersing agent except as noted in 2003.2-3
for imminent hazards.
2003.3-4 Required Technical Product Data
2003.3-4.1 Name, brand, or trademark, if
any. under which the chemical agent is sold.
2003.3-4.2 Name, address and telephone
number of the manufacturer, importer or
vendor.
2003.3-4.3 Name, address and telephone
number of primary distributers or sales
outlets.
2003.3-4.4 Special handling and worker
precautions for storage and field application
Maximum and minimum storage
temperatures to include optimum ranges as
well as temperatures that will cause phase
separations, chemical changes or otherwise
damage effectiveness of the chemical agent.
2003.3-4.5 Shelf Life.
2003.3-4 6 Recommended application
procedure(s), concentration(s) and conditions
for use depending upon water salinity, water
temperature and types and ages of the
pollutants.
2003.3-4.7 Dispersant Toxicity—Use
standard toxicity test methods described in
EPA Report "Standard Dispersant
Effectiveness and Toxicity Test" (EPA R2-73-
201, May 1973) pages 22-34. This report may
be obtained from the Oil and Special
Materials Control Division (WH-548), EPA,
Washington. D.C. 20460.
2003.3-4.8 Dispersant Effectiveness—Use
standard effectiveness test methods in EPA
R2-73-201. May 1973, pages 11-21.
2003 3-4.9 Flash Point—Select appropriate
method from the following: ASTM—D 56-70:
ASTM-D 92-72; ASTM—D 93-72; ASTM—D
1310-67.
2003.3-4.10 Pour Point—Use ASTM D 97-
68
2003.3-4.11 Viscosity—Use ASTM D 445-
72
2003.3-4.12 Specific Gravity—Use ASTM
D 1298-67
2003.3-4.13 pH—Use ASTM D1293-65
-------
17623 Federal Register / Vol. 45. N'o. 55 / Wedr.rsdaj. Match 19, 1PSO / Ruk's and
1003 J-4H Iwiir Xctm'.j — U:r
Weall-crb.irn Test a« cpstf bet!
.
Ionic oc'iM'y lesls JVvfo'.herb.irn Tes!;
Reagents 1. Dye souUon. 0 Gd pra.ns
mefijlenc blur. I2j>rams concentrated
(ii.func sod COgruPis anhydrojs soJ
suifale dissolved in water Vo inaks a total of
one liinr solution.
2 Amonic surfaclan*. solution — Q 5fS>
Aerosol OT (Sodium diociyl sulfo sucr.malo).
3 Chloroform.
Procedure. 1. Into a 23 ml. lest lube, place 8
ml of dye solution and 5 ml. chloroform Add
anionic surfactants solution drop by drop,
shaking vigorously between drops and
allowing phases to separate. Continue adding
c'rcpwise until the two layers are pqual in
irloi and intensity viewed in reflected light.
Usually 10 to 12 drops of anionic solution are
required.
2. Now add 2 ml. of 0 1% solution of the
unknown and shake vigorously
Results 1. Chloroform phase (lower) is
deeper in color and aqueous phase is mostly
colorless — anionic is positive.
2 Water phase (upper] is deeper in color
than the chloroform phase— cationic is
positive.
3. Both phases are more or less the name
color— probably a nonionic
4. If the aqueous phase has become milky
and hence slightly lighter in color, it may still
be nonionic. Soaps do not react in this
procedure. If both anionics and noniomcs are
present, the reaction of this test will be
anionic positive.
2003 3-4.15 Miscibility— Use the lest
described below which is a modification of
military specification MIL-C-22230 (ships):
One part of the dispersing agent is mixed
with 100 parts of synthetic sea water. The
solution is agitated for one hour end any
visible separation of the dispersing agent
should be noted after this period of agitation.
The test is to be performed with water
temperatures at both 20' C and O'C The
synthetic sea water shall be formulated as
follows:
Scidum CMonda (grams) . tbOO
Magnesium Chlonda. nexanydraie (grams) 66 0
Calckin Chloride dihydran (grams) . 96
Sodium Sultate anhydrous (grams) 24 0
Distilled water ID make a total of (liters) 6 0
2003.3-4.16 Dispersing Agent Components
Itemize by chemical name and percentage
by weight of each component of the total
formulation. The percentages will include
maximum, minimum and average weights in
order 1: reflect quality control variation in
manufacture or formulations. At least the
following major components shall be
identified in complying with 2003.3-4 16
(a) Surface active agents.
(b) Solvents.
[c'l Additives.
If requested by the submitter, information
from 20C3.3-4.16 will be handled as trade
secrets under provisions of P.L. 90-23, the
Administrative Procedures Act.
2003.3-4.17 Heavy Metal and Chlorinated
Hydrocarbons
Using reliable analytical chemistry
techniques, state the concentrations or upper
limits of the following materials:
Arsenic, cadmium, chromium, copper, lead,
mercury, nickel, zinc, plus any other melals
ivai ma\ be reasonably expected to be in the
Saiiple Atomic ahscro;.on methods should
":e i,sed and She detailed, analytical methods
and sample preparation shall be fuily
described
Cyar.ide using standard cc'ionmeinc
CMcnr.ated hydrocarbons. Gas
chicmatograrhy thouM be used and the
de-ailed analytical methods and sample
prepare Eion shall be fully described.
2003,3-5 Analytical Laboratory
Requirements for Technical Product Dota
2003.3-5 1 The required tests shall be
performed by a qualified )ew jratory.
2003 3-5.2 The technical product data
submission shall include the identity of the
laboratory, the qualifications of the
laboratory staff including professional
biographical information for individuals
responsible for any tests, and laboratory
experience with similar tests Laboratories
performing bioassny tests for dispersant or
surface collecting agent toxicity must
demonstrate previous bioassay experience in
order for their results to be accepted. EPA
will not approve the selection of laboratories
by intended submitters of technical product
data prior to submission of the data. It is the
responsibility of the submitter to select
competent analytical laboratories baaed on
the guidelines contained herein.
2003.3-5.3 EPA reserves the right to refuse
to accept a submission of technical product
data because of lack of qualifications of
analytical laboratory, significant variance
between submitted data and any laboratory
confirmation performed by EPA, or other
c.rcumstances that will result in inadequate
or inaccurate environmental information on
the dispersing agent
2004 Surface Collecting Agent Program for
Spills of Oil and Applicable Hazardous
Substances
2004.1 Authorization for Use of Surface
Collecting Agents: Major, Medium and Minor
Discharges.
2004.1-1 The OSC may authorize use of
surface collecting agents on a case-by-case
basis when their use will:
2004.1-1 .1 Result in the least overall
environmental damage or interference with
designated water uses, and
2004 1-1.2 Provide a key element in the
most effective system for removing oil or
hazardous substances discharge from the
water environment.
2004.1-2 Mechanism for authorizing use.
The OSC may authorize the use of a surface
collecting agent verbally when on scene or by
telephone prior to arriving on scene. In all
cases, the OSC is obligated to comply with
the provisions of 2004.2 prior to making such
authorization. A review of the capabilities
and expertise of the owner or operator or
cleanup contractor prior to the occurence of
the spill incident would be most beneficial in
situations where telephone authorization is
desired or contemplated.
2004.2 Restrictions on Surface Collecting
Agent Use.
2004.2-1 The OSC may authorize the use
of surface collecting agents only after being
informed of the environmental conditions at
the point of intended use. These
nx .TO-. iii?r:.il renditions mfl-u.V si
u atcr ternperaluri's «inci i-ondituins.
siid current conditions presence nnd rt-lsi'\\ of removal
equipment that could be employed la remo\e
ths collected material from the water
Information on environmental conditions
should be evaluated by the OSC from the
standpoint that conditions such as strong
winds, choppy waters, low temperatures,
debris, and aquatic vegetation can adversely
affect the performance of collecting agents or
complicate further removal operations. The
performance can also vary with types of oils
or hazardous substances. The agents can be
effective with thin films of light oils but have
little value with thick layers of heavy, viscous
oils. The agents should not be used unless
adequate removal equipment is available to
remove the collected oil.
2004.2-2 A chemical agent shall not be
used as a surface collecting agent unless the
provisions of 2004.3 are complied with and
EPA has informed the manufacturer's
representative that the product is acceptable
for use as a surface collecting agent.
2004.3 Technical Product Data for Surface
Collecting Agents.
2004.3-1 Technical product data as
specified in 2004.3-4 shall be provided to the
Oil and Special Materials Control Division
(WH-54fl), EPA. Washington, D.C. 20460. at
least 60 days prior to the use of the agent.
The use of existing surface collecting agents
may be authorized by the OSC without
complying with 2004.3 for 120 days from the
effective date of this Annex. Within 60 days
of receipt of the data, EPA will inform, in
writing, the submitter on the adequacy of the
data submitted. If additional data are
requested or EPA desires to perform
additional tests, the surface collecting agent
may not be used until these additional needs
have been satisfied and the submitter so
notified.
2004.3-2 Information furnished in
accordance with 2004.3-4 shall be maintained
on file by the EPA, Oil and Special Materials
Control Division (WH-54B). Washington, D C.
20460, to provide technical guidance to OSCs
on the acceptable circumstances of use,
dosage rates and special problems in the use
of surface collecting agent. Any changes in
the composition or formulation of the surface
collecting agent that will affect any of the
data requested in 2004.3 shall be immediately
brought to the attention of EPA and testing of
the agent will be repeated prior to the use of
the revised formulation of the surface
collecting agent.
2004.3-3 EPA will review technical
product data for surface collecting.agents and
will issue approvals for agents meeting
certain criteria. At present, the only minimum
criterion established is for solubility which is
described in 2004.13. This criterion classifies
the substance as a surface collecting agent
bul is not an indication of the effectiveness or
toxicity of the material. Other product data
such as toxicity, chemical components, and
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Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations 17859
physical characteristics will be reviewed and,
if the combined effects of these data and
other factors will result in excessive hazard
to the aquatic life, work safety, or other
elements of the environment in the judgment
of EPA, the Agency may refuse to approve
the use of the agent.
EPA may. from time to time, establish
minimum criteria for the data being requested
and may also require additional data to assist
in arriving at a judgment on the
environmental acceptability of collecting
agent usage.
To avoid possible misinterpretation and
misrepresentation of the EPA's role in the
surface collecting agent technical product
data program, the manufacturer's
representatives may use only the EPA letter
advising compliance with 2004.3-4 in any
advertisements or technical literature on the
collecting agent. The EPA letter must be used
in its entirety. Failure to comply with these
restrictions or any other improper reference
to EPA in attempting to demonstrate EPA
approval of the surface collecting agent
beyond that stated in the letter for use on
spills of oil or hazardous substances shall
constitute grounds for removing the technical
product data from EPA Tiles which would
preclude use of the surface collecting agent.
2004.3-4 Required Technical Product Data
2004.3-1.1 Name, brand, or trademark, if
any. under which the surface collecting agent
is sold.
2004.3-4.2 Name, address and telephone
number of the manufacturer, importer or
vendor.
2004.3-4.3 Name, address and telephone
number of primary distributors or sales
outlets.
2004.3-4.4 Special handling and worker
precautions for storage and field application.
Maximum and minimum storage temperature
to include optimum ranges as well as
temperatures that will cause phase
separation, chemcial changes, or otherwise
damage effectiveness of the surface collecting
agent.
2004.3-4.5 Shelf Life.
2004.3-4.0 Recommended application
procedure(s). concentretion(s) and conditions
for us depending upon water salinity, water
temperature and types and ages of the
pollutants.
2004.3-4.7 Surface Collecting Agent
Toxicity—Use standard toxicity test methods
described in EPA Report "Standard
Dispersant Effectiveness and Toxicity Test"
(EPA R2-73-201, May 1973) pages 22-34. This
report may be obtained from the Oil and
Special Materials Control Division (WH-548),
EPA, Washington, D.C. 20460.
2004.3-4.8 Flash Point—Select appropriate
method from the following: ASTM—D 56-70;
ASTM—D 92-72; ASTM—D 93-72; ASTM—D
1310-67.
2004.3-4.9 Pour Point—Use ASTM D 97-
66
2004.3-4.10 Viscosity—Use ASTM D 445-
72
2004.3-4.11 Specific Gravity—Use ASTM
D1298—67
2004.3-4.12 pH—Use ASTM D1293-65
2004.3-4.13 Interim Test to Distinguish
Between Surface Collecting Agents and Other
Spill Cleanup Chemicals.
In order to distinguish between surface
collecting agents and other chemical
materials, this interim test procedure was
developed. This test procedure is not an
efficiency test. It is to be used only to
distinguish between surface collecting agents
and dispersants.
Scope
1. Procedure to be used to determine the
solubility in water under standard conditions
of oil spill control chemicals.
Method Summary
2 Five (5) milliliters of the chemical under
test are intimately mixed with ninety-five (95)
milliliters of distilled water, allowed to stand
undisturbed for one hour, and then the
volume of the upper phase is determined to
the nearest 1 milhliter.
Apparatus
3. (a) Mixing cylinder. 100 millihter
subdivisions and fitted with glass stoppers.
(b) Pipettes: Volumetric pipette, 5 0
millileter.
(c) Timers
Procedure
4 Add 95 milliliters of distilled water
22' C+/ - 3* C to a 100 milliliter mixing
cylinder. To the surface of the water in the
mixing cylinder, add 5.0 milliliters of the
chemical under test. Insert the stopper and
invert the cylinder 5 times in 10 seconds. Set
upright for one (1) hour at 22*C+/-3'C and
then measure the chemical layer at the
surface of the water. The major portions of
the chemical added (75%) should be at the
water surface as a separate and easily
distinguished layer.
2004.3-4.14 Surface Collecting Agent
Components
Itemize by chemical name and percentage
by weight each component of the total
formulation. The percentages will include
maximum, minimum and average weights in
order to reflect quality control variations in
manufacture or formulations. At least the
following major components shall be
identified.
(a) Surface active agents
(b) Solvents
(c) Additives
If requested by the submitter, information
for 2004.3-4.14 will be handled as trade
secrets under provisions of Pub. L. 90-23. the
Administrative Procedures Act.
2004.3-4.15 Heavy Metals and
Chlorinated Hydrocarbons
Using reliable analytical chemistry
techniques, state the concentrations or upper
limits of the following materials:
Arsenic, cadmium, chromium, copper, lead,
mercury, nickel, zinc, plus any other metals
that may be in the sample. Atomic absorption
methods should be used and the detailed
analytical methods and sample preparation
shall be fully described;
Cyanide using standard colonmetric
procedures;
Chlorinated hydrocarbons. Gas
chromatography should be used and the
detailed analytical methods and sample
preparations shall be fully described.
2004.3-5 Analytical Laboratory
Requirements for Technical Product Data:
Follow stipulations in 2003.3-5
2005 Biological Additive Prog™111 for Spills of
Oil and Applicable Hazardous Substances
2005.1 Authorization for use of biological
additives.
2005.1-1 All discharges, the OSC may
authorize the use of biological additives on
water or shorelines only after obtaining the
approval of the EPA representative to RRT.
The manufacturer or supplier of
microbiological cultures or enzymes must
obtain approval from State and local public
health and pollution control officials and
furnish evidence of such approval to the EPA
RRT representative.
2005.2 Special Restrictions on Biological
Additive Use
2005.2-1 Microbiological cultures and
enzyme mixtures shall not be considered for
use as biological additives unless technical
product data have been provided and
accepted in accordance with 2005.3.
2005.2-2 The OSC must be supplied with
the chemical composition and ratios of
primary nutrients or nutrient additives prior
to seeking approval for their use.
2005.3 Technical Product Data for
Biological Additives
2005.3-1 Technical product data as
outlined in 2005.3-4 on the constituents of a
biological additive shall be submitted to the
Oil and Special Materials Control Division
(WH-548). .Environmental Protection Agency.
Washington, D.C. 20460, at least 60 days prior
to the use of the additive. Within 60 days of
receipt of the data. EPA will inform in writing
the submitter on the adequacy of the data
provided.
If additional information is requested or
EPA desires to perform tests, the biological
additive may not be used until the additional
needs have been satisfied and the submitter
so notified.
2005.3-2 Information furnished in
accordance with 2003.3-4 shall be maintained
on file by EPA to provide technical guidance
to OSCs on the acceptable circumstances of
use and application rates for biological
additives. Any changes in the composition of
the biological additive that will affect any of
the data being requested in 2005 3-4 shall be
immediately brought to the attention of EPA,
and testing of the additive will be repeated
prior to the use of the revised biological
additive.
2005.3-3 The acceptance and
maintenance of product data by EPA does
not constitute approval of the biological
additive nor does it Imply compliance with
any EPA criteria or minimum standards for
such additives The OSC will determine
which biological additive may be used for a
spill event on a case-by-case basis using all
available information in making such a
decision. To avoid possible misinterpretation
and misrepresentation of EPA's role in this
technical product data program, the
manufacturer's representatives may use only
the EPA letter advising compliance with
2005.3-4 in any advertisements or technical
literature on the biological additive. The EPA
letter must be used in its entirety. Failure to
comply with these restrictions or any other
improper reference to EPA in attempting to
demonstrate EPA approval of the biological
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17860 Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations
additive for use on spills of oil or hazardous
substances shall constitute grounds for
removing the technical product data from
EPA files which would preclude use of the
biological additive.
2005.3-4 Required Technical Product Data
2005.3-4.1 Name, brand, or trademark, if
any, under which the biological additive is
sold.
2005.3-4.2 Name, address and telephone
number of the manufacturer, importer or
'vendor.
. 2005.3-4.3 Name, address end telephone
number of primary distributors or sales
outlets.
2005.3-4.4 Special handling and worker
precautions for storage and field application.
Maximum and minimum storage
temperatures
2005.3-45 Shelf Life.
2005.3-4.6 Recommended application
procedure(s). concentration(s) and conditions
for use depending upon water salinity, water
temperature and types and ages of the
pollutants.
2005.3-4.7 Statements on the expected
effectiveness of the additive including
degradation rates and the test conditions and
data on effectiveness.
2005.3-4.8 For microbiological cultures
furnish the following information:
Listing of all microorganisms to species,'
Percentage of each species in the
composition of the additive,'
Optimum pH and temperature range for use
of the additive.
Special nutrient requirements, if any.
Separate listing of the following and test
methods for such determinations: Salmonella,
fecal coliform. Shigella, Staphylococcus
Coagulase positive, and Beta Hemolytic
Streptococci.
2005.3-4.9 For enzyme additives furnish
the following information:
Enyzyme name(s),
International Union of Biochemistry (I.U.B.)
numbers).
Source of the enzyme,
Units,
Specific Activity,
Optimum pH and temperature range for the
use of the additive.
2005.3-5 Laboratory Requirements for
Technical Product Data: Follow stipulations
in 2003.3-5.
2008 Burning Agent Program for Spills of
OH and Applicable Hazardous Substances
2006.1 Authorization for Use of Burning
Agents
2006.1-1 All discharges. The OSC may
authorize the use of burning agents only
when they will:
2008.1-1.1 Prevent or substantially reduce
imminent threats to human life, limb, or
property;
2008.1-1.2 Result in the least
environmental harm when compared to other
removal or disposal methods.
2006.1-2 Prior to authorizing use under
2006.1-1.2, the OSC must obtain approval of
the EPA RRT representative and all
applicable State and local public health
pollution control officials.
2006.2 Special Restrictions on Burning
Agent Use
2006.2-1 The OSC will evaluate the
suitability of burning agents on a case-by-
case basis. Burning agents should be inert
materials that will not, in themselves, be a
water pollutant. The addition of oils (such as
gasoline or solvents) as an igniter shall be
avoided unless it is necessary under 2006.1-1.
2006.2-2 A technical data program for
burning agents will not be established at this
time.
2007 Sinking Agent Program for Spills of Oil
and Applicable Hazardous Substances
2007.1 Authorization for Use of Sinking
Agents
2007.1-1 All Discharges
Sinking agents shall not be applied to
discharges of oil or hazardous substances on
the navigable water of the United States or
the contiguous zone.
2008 Mechanical Methods and Sorbents
Program for Spills of Oil and Hazardous
Substances
2008.1 Authorization for Use of
Mechanical Methods and Sorbents
2008.1-1 All Discharges
2008.1-1.1 As stated in 2001.3. it is the
policy of this Schedule to favor the use of
mechanical methods and sorbents for
removal of oil and hazardous substances
spills. The OSC has the authority to use or
prohibit specific mechanical methods and
sorbents on a case-by-case basis. The OSC
will select methods and materials that, in his
Judgment, will be most effective in
expeditiously removing the spilled material
and mitigating the related damages, and will
minimize secondary pollution from the
removal or mitigation operation. Prior to
authorizing the use of sorbents. the OSC shall
take into consideration hydrographic and
meteorological conditions as well as the
characteristics of the sorbent and the
availability of adequate containment and
removal equipment.
2008.1-1.2 A technical data program for
mechanical methods and sorbents will not be
established at this time.
|FR Doc. 80-6214 Filed 3-18-Dtt 8 45 am]
BILLING! CODE 3125-01-M
'If requested by the submitter, these Items will be
handled as trade secret! under the provisions of the
Administrative Procedures Act (Pub. L 90-23).
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APPENDIX 2
State Contingency Plans
The following states have prepared spill contingency plans,
Due to their bulk, they are not included here. If you would
like to obtain a copy, please write to the respective state
agency listed on pages 14-18.
Kentucky
South Carolina
Tennessee
Florida and Mississippi are presently preparing a spill
contingency plan that will be available soon.
& US GOVERNMENT PRINTING OFFICE 19BO--6WJ-19T/5O75 Beg!On ft
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