United States
Environmental Protection
Agency
Superfund
Office of
Solid Waste and
Emergency Response
Publication 9200.5-140
EPA/540/R94/034
PB94-963265
REGION VIII
AREA CONTINGENCY PLAN
-------
9200.5-140
EPA54 0/R-94/034
PB94- 963265
REGION VIII
AREA CONTINGENCY PLAN
DENVER CO
DOCUMENT RECEIVED
FROM OTHER SOURCE
BEST COPY AVAILABLE
-------
61 tO
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2466
DEC 22 1993
Ref: 8HWM-ER
MEMORANDUM
SUBJECT: Region VLlI Area Contingency Plan
FROM: McGraw
Acting Regional Administrator
TO: Region VIII Regional Response Team Members
Please accept the enclosed Region VIII Area Contingency
Plan (ACP) annex to the current Region VIII Regional Contingency
Plan. This ACP was developed in accordance with the provisions
of Section 4202 of the Oil Pollution Act (OPA) of 1990.
On April 24, 1992, EPA published a Federal Register
notice that designated the 13 Regional Response Team (RRT) areas
as the initial planning Areas under OPA. The functions of
designating Areas, appointing Area Committee members, determining
the information to be included in ACPs, and reviewing and
approving ACPs have been delegated by Executive Order 12777 of
October 22, 1991, to the Administrator of the Environmental
Protection Agency for the inland zone. Subsequently, this
authority was delegated to the EPA Regional Administrators on
January 19, 1993. This initial Area has been designated as EPA
Region VIII (Colorado, Utah, Montana, Wyoming, North Dakota, and
South Dakota) and the Area Committee has been designated as the
Region VIII RRT for developing and reviewing the Region VIII ACP.
This ACP has been developed under the guidance of Jim Knoy,
Region VIII On-Scene Coordinator (OSC).
Comments and recommendations regarding this ACP, as
well as suggestions for designating future subregional (site-
specific) planning Areas, should be addressed to Jim Knoy, OSC,
or Eric Steinhaus, U.S. EPA Region VIII, 999 18th Street, Suite
500 (8HWM-ER), Denver, Colorado 80202-2466. The telephone number
is (303) 293-1723.
Attachments
/-/ O
Print0d on Rtcyclod Paper
-------
REGION VIII AREA CONTINGENCY PLAN
VOLUME I
I. INTRODUCTION
1. Purpose and Objective.
The purpose of this Area Contingency Plan (ACP) is to provide an action plan to
respond to. a release and to promote timely and effective coordination among the entire spill
community, including federal, state, tribal, local, and private entities in response to a
discharge or substantial threat of discharge.
2. Authority and Applicability.
This ACP is required by Title IV, section 4202 of the Oil Pollution Act of 1990
(OPA). which amends Subsection (j) of Section 311 of the Federal Water Pollution Control
Ac: (FWPCA) (33 U.S.C. 1321 0)) as amended by the Clean Water Act (CWA) of 1977 (33
U.S.C. 1251 etseq).
This ACP is written in conjunction with the National Oil and Hazardous Substances
Contingency Plan (NCP) (40 CFR 300), the Region VIII Regional Contingency Plan (RCP),
and in conformance with the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601), as amended by the Superfund
Amendments and Reauthorization Act (SARA) of 1986. This ACP is designed to be used as
an annex to the current Region VIII RCP.
Region VIII state authorities are located in Annex V of.the Region VIII RCP.
3 Scope
The ACP applies to and is in effect for:
(1) discharges of oil into or on the navigable waters, on the adjoining shorelines to the
navigable waters, into or on the waters of the exclusive economic zone, or that may
affect natural resources belonging to, appertaining to, or under the "xclusive
management authority of the United States (OPA section 4201); and
(2) releases into the environment of hazardous substances, and pollutants or
contaminants which may present an imminent and substantial danger to public health
or welfare in the Areas which will be defined in each chapter of Volume II, Section 1
("Geographic Description") of this ACP.
This ACP expands upon the requirements set forth in the NCP and Region VIII RCP,
augments coordination with stale and local authorities, and integrates existing state, local, and
private sector plans for the Area.
December 1993
J
-------
4. Abbreviations.
Abbreviations as defined in the NCP are as follows:
Department and Agency Title Abbreviations:
ATSDR - Agency for Toxic Substances and Disease Registry
DOC - Department of Commerce
DOD - Department of Defense
DOE - Department of Energy
DOI - Department of the Interior
DOJ - Department of Justice
DOL - Department of Labor
DOS - Department of State
DOT - Department of Transportation
EPA - Environmental Protection Agency
FEMA - Federal Emergency Management Agency
GSA - General Services Administration
HHS - Department of Health and Human Services
NIOSH - National Institute for Occupational Safety and Health
NOAA - National Oceanic and Atmospheric Administration
RSPA - Research and Special Programs Administration
USCC - United States Coast Guard
USDA - United States Department of Agriculture
(Note: Reference is made in the NCP to both the Nuclear Regulatory Commission and the
National Response Center. In order to avoid confusion, the NCP and this A CP will spell out
Nuclear Regulatory Commission and use the abbreviation "NRC" only with respect to the
National Response Center.)
Operational Abbreviations:
ARARs - Applicable or Relevant and Appropriate Requirements
CERCLIS - CERCLA Information System
-------
PIAT — Public Information Assist Team
RA - Remedial Action
RAT - Radiological Assistance Team
RCP -- Regional Contingency Plan
RD -- Remedial Design
R1 - Remedial Investigation
ROD — Record of Decision
RPM - Remedial Project Manager
RRC - Regional Response Center
RRT - Regional Response Team
SAC — Support Agency Coordinator
SERC - State Emergency Response Commission
SI - Site Inspection
SMOA — Superfund Memorandum of Agreement
SSC - Scientific Support Coordinator
Other applicable abbreviations include the following:
AC — Area Committee
A CP - Area Contingency Plan
CAMEO - Computer-Aided Management of Emergency Operations (a software program)
CERCLA - Comprehensive Environmental Response Compensation and Liability Act of 1980
COTP - Captain of the Port (USCG)
CWA - Clean Water Act (33 USC 1321)
DRAT - District Response Advisory Team (USCG)
FOSC - Federal On-Scene Coordinator
FWPCA - Federal Water Pollution Control Act
HAZMAT - Hazardous Materials
ICS — Incident Command System
LEPC - Local Emergency Planning Committee
LOSC - Local On-Scene Coordinator
NCP - National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300)
?RP — Potentially Responsible Party
RCP - Regional Contingency Plan
SARA - Superfund Amendments and Reauthorization Act of 1986
50SC - State On-Scene Coordinator
SsC" - Scientific Support Coordinator
ntle m - The Emergency Planning and Community Right-to-Know Act of 1986 (Title m of
SARA)
USFWS - United States Fish and Wildlife Service
Area-specific acronyms and abbreviations will be listed in each chapter of Volume Q,
Section Q ("Organization"), Appendix A.
December 1993
1-3
-------
5. Definitions.
Definitions contained herein, unless otherwise specified, are the same as those
contained in the NCP, Section 300.5 ("Definitions") and OPA section 1001 ("Definitions").
Additional definitions are listed below:
Area Committee: As defined by sections 311 (a)(l 8) and (j)(4) of CWA, as amended by
OPA, means the entity appointed by the President consisting of members from federal, state,
and local agencies with responsibilities that include preparing an Area Contingency Plan for
the area designated by the President. The Area Committee may include ex-officio (i.e., non-
voting) members (e.g., industry and local interest groups).
Area Contingency Plan: As defined by sections 311 (a>(19) and (j)(4) of CWA, as amended
by OPA, means the plan prepared by an Area Committee, that in conjunction with the NCP,
shall address the removal of a discharge including a worst-case discharge and the mitigation
or prevention of a substantial threat of such a discharge from a vessel, offshore facility, or
onshore facility operating in or near an area designated by the President.
Contingency plan: (1) A document used by federal, state, and local agencies to guide their
planning and response procedures regarding spills of oil, hazardous substances, or other
emergencies; (2) a document used by industry as a response plan to spills of oil, hazardous
substances, or other emergencies occurring upon their transportation vehicle, or at their
facilities.
Drinking water supply: As defined by section 101 (7) of CERCLA, means any raw or
finished water source that is or may be used as a public water system (as defined in the Safe
Drinking Water Act) or as drinking water by one or more individuals.
Environment: As defined by section 101(8) of CERCLA, means the navigable waters, the
waters of die contiguous zone, and the ocean waters of which the natural resources are under
the exclusive management authority of the United States under the Magnuson Fishery
Conservation and Management Act; and any other surface water, ground water, drinking
water supply, land surface and subsurface strata, or ambient air within the United States or
under the jurisdiction of the United States.
Environmentally sensitive area: An especially delicate or sensitive natural resource that
requires protection in the event of a pollution incident. Designations of areas considered to be
sensitive can be found in Appendix D of the proposed Facility Response Plan rule. In
addition to this definition, Area Committees may include any areas determined to be
"sensitive" for OPA planning purposes.
Federal On-Scene Coordinator: The federal official predesignated by EPA or the USCG to
coordinate and direct federal responses tinder subpart D, or the official designated by the lead
agency to coordinate and direct removal actions under subpart E of the NCP (additional
information can be found in the Region vm RCP, Section 300).
Ground water: As defined by section 101(12) of CERCLA, means water in a saturated zone
or stratum beneath the surface of land or water.
December 1993
M
-------
II. RESPONSIBILITY AND ORGANIZATION FOR RESPONSE
1. Duties of the President Delegated to Federal Agencies.
In Executive Order 12777, the President delegated certain functions and
responsibilities vested in him by the OPA to the Administrator of EPA for the inland zone and
the Commandant of the USCG through the Secretary of Transportation for the coastal zone.
These functions and responsibilities include designating Areas, appointing Area Committee
members, determining the information to be included in ACPs, and reviewing and approving
ACPs. For the coastal zones and inland zones, respectively, the USCG and EPA shall assign
a FOSC to each Area to carry out these functions and responsibilities.
2. r^nerfll Org?niy.ation Concepts.
The Area Committees, in conjunction with die National Response Team (NRT) and
the Regional Response Teams (RRTs), serve a spill planning and preparedness role within the
Naional Response System. Each Area Committee shall be comprised of federal, state and
local agency personnel. Under the direction of the FOSC, each Area Committee for its
assigned Area shall:
(a) Prepare and submit for approval an ACP;
(b) Work with state and local officials to integrate contingency planning and
response efforts; and
(c) Work with state and local officials to expedite decisions for the use of
dispersams and other mitigating substances and devices.
3. National Response Team.
National planning and coordination is accomplished through the NRT. The NRT
consists of representatives from the USCG, EPA, FEMA, TOD, DOE, USD A, DOC, HHS,
DOI, DO J, DOL, DOT, DOS, GSA, and Nuclear Regulatory Commission. For details, see
the NCP at 40 CFR 300.175(b).
4. Regional Response Team.
Regional planning and coordination of preparedness and response actions is
accomplished through the RRT. The RRT agency membership parallels that of the NRT but
also iryrhHW State andTivtign Tribal representation. See the Region Vm RCP, Annex I, for
Region Vm RRT membership.
5. Area Commit**1*
Area planning and coordination of preparedness and response actions is accomplished
through the Area Committee. The Area Committee membership includes federal, state, and
local representation. No subregional (site-specific) Areas have been designated in Region
vm. The Region Vm RRT is the initial Area Committee covering federal Region Vm.
December 1993
1-6
-------
requires all non-transportation related facilities within EPA's jurisdiction to develop plans
necessary to contain a discharge of oil and prevent it from reaching navigable waters.
9. Response Operations.
To the extent practicable, response operations shall be consistent with federal, state,
and local plans, including ACPs, and Facility Response Plans required under OPA.
The OSC, consistent with §§ 300.120 and 300.125 of the NOP, shall direct response
efforts and coordinate all other efforts at the scene of a discharge or release. As part of the
planning and preparation for response, the OSCs are predesignated by the regional or district
head of the lead agency.
The first federal official affi';ated v/ith an NRT member agency to arrive at the scene
of a discharge or release should coordinate activities under the A CP and is authorized to
initiate, in consultation with the OSC, any necessary actions normally earned out by the OSC
until the arrival of the predesignated OSC. This official may initiate federal Fund-financed
anions only as authorized by the OSC or, if the OSC is unavailable, the authorized
representative of the lead agency.
The OSC shall, to the extent practicable, collect pertinent facts about the discharge or
release, such as its source and cause; the identification of potentially responsible parties; the
nature, amount, and location of discharged or released materials; the probable direction and
time of travel of discharged or released materials; the pathways to human and environmental
exposure; the potential impact on human health, welfare, and safety and the environment; die
potential impact on natural resources and property which may be affected; priorities for
protecting human health and welfare and the environment; and appropriate cost
documentation.
The OSC's efforts shall be coordinated with other appropriate federal, state, local, and
private response agencies. OSCs may designate capable persons from federal, state, or local
agencies to act as their on-scene representatives. State and local governments, however, are
not authorized to take actions under Subparts D and E of the NCP that involve expenditures
of CWA section 311(k), as amended by OPA, or CERCLA funds unless an appropriate
contract or cooperative agreement has been established.
The OSC should consult regularly with the RRT in carrying out the NCP and A CP
and keep the RRT informed of activities under the NCP and A CP.
The OSC shall advise the support agency as promptly as possible of reported releases.
In those instances where a possible public health emergency exists, die OSC should
notify the HHS representative to die RRT. Throughout response actions, the OSC may call
upon the HHS representative for assistance in determining public health threats and call upon
the Occupational Safety and Health Administration (OSHA) and HHS for advice on worker
health and safety problems.
All federal agencies should plan for emergencies and develop procedures for dealing
with oil discharges and releases of hazardous substances, pollutants, or contaminants from
December 1993
1-8
-------
Strike Teams can provide communications support, advice, and assistance for oil and
hazardous substances removal. These teams also have knowledge of shipboard damage
control, are equipped with specialized containment and removal equipment, and have rapid
transportation available. When possible, the Strike Teams will provide training for
emergency task forces to support OSCs and assist in the development of RCPs and ACPs.
The OSC may request assistance from the Strike Teams. Requests for a team may be
made directly to the Commanding Officer of the appropriate team, the USCG member of the
RRT, the appropriate USCG Area Commander, or the Commandant of the USCG through the
NRC.
Each USCG OSC manages emergency task forces trained to evaluate, monitor, and
supervise pollution responses. Additionally, they have limited "initial aid" response capability
to deploy equipment prior to the arrival of a cleanup contractor or other response personnel.
The Environmental Response Team (ERT) is established by EPA in accordance with
its disaster and emergency responsibilities. The ERT has expertise in treatment technology,
biology, chemistry, hydrology, geology, and engineering.
The ERT can provide access to special decontamination equipment for chemical
releases and advice to die OSC in hazard evaluation; risk assessment; multimedia sampling
and analysis program; on-site safety, including development and implementation plans;
cleanup techniques and priorities; water supply decontamination and protection; application of
dispersants; environmental assessment; degree of cleanup required; and disposal of
contaminated material.
The ERT also provides both introductory and intermediate level training courses to
prepare response personnel.
OSC or RRT requests for ERT support should be made directly to die Edison, New
Jersey office. The 24-hour phone number for ERT is (908) 321-6660.
Scientific support coordinators (SSCs) are available, at die request of OSCs, to assist
with actual or potential responses to discharges of oil or releases of hazardous substances,
pollutants, or contaminants. The SSC will also provide scientific support for the development
of RCPs and ACPs. Generally, SSCs are provided by NOAA in coastal and marine areas,
and by EPA (ERT) in the inland zone. In the case of NOAA, SSCs may be supported in the
field by a feam providing, as necessary, expertise in chemistry, trajectory modeling, natural
resources at risk, and data management.
During a response, the SSC serves under the direction of the OSC and is responsible
for providing scientific support for operational decisions and for coordinating on-scene
scientific activity. Depending on die nature of the incident, the SSC can be expected to
provide certain specialized scientific skills and to work with governmental agencies,
universities, community representatives, and industry to compile information that would assist
the OSC in assessing the hazards and potential effects of discharges and releases and in
developing response strategies.
December 1993
MO
-------
include, among other things. Construction Standards (29 CFR Pan 1926), General Industry
Standards (29 CFR Part 1910), and the general duty requirement of section 5(a)(1) of the
OSH Art (29 U.S.C. 654(a)(1)). No anion by the lead agency with respect to response
activities under the ACP constitutes an exercise of statutory authority within the meaning of
section 4(b)(1) of the OSH Act. All governmental agencies and private employers are directly
responsible for the health and safety of their own employees. All persons at the response
scene must have received OSHA training and certification.
In Region Vm, the state is the lead OSHA representative in Utah and Wyoming, but
not in Colorado, Montana, South Dakota, or North Dakota. See the Region Vm RCP,
Section 306 Personnel Health & Safety.
13. Public Information and Cnmrnunitv Relations.
During an incident, it is imperative to give the public prompt and accurate information
on the nature of die incident and the actions underway to mitigate the damage. OSCs and
community relations personnel should ensure that all appropriate public and private interests
are kept informed and that their concerns are considered throughout a response. They should
coordinate with available public affairs/community relations resources to carry out this
responsibility. At the discretion of die OSC, an information coordination center should be
established or a person designated to assist in this effort.
Further information can be found in the Region VIQ RCP, Section 305 Community
Relations.
14. Documentation *nH Am Recovery.
Section 300.58 of die NCP outlines the types of funds which may be available to
remove certain oil and hazardous substances discharges. For releases of oil or a hazardous
substance, pollutant, or contaminant, the following provisions apply:
(1) During all phases of response, the lead agency shall complete and maintain
documentation to support all actions taken under die ACP and to form the basis for
cost recovery. In general, documentation shall be sufficient to provide the source and
circumstances of the release, the identity of responsible parties, the response action
taken, accurate accounting of federal, state, or private party costs incurred for
response actions, and impacts and potential impacts to the public health and welfare
and the environment. Where applicable, documentation shall state rhen the NRC
received notification of a release of a reportable quantity.
(2) The information and reports obtained by the lead agency for Fund-financed
response actions shall, as appropriate, be transmitted to the NPFC. Copies can then
be forwarded to the NRT, members of die RRT, and others as appropriate.
15. OSC Rfiwrft.
[RESERVED]
December 1993
1-12
-------
1. Planning and Coordination Structure.
National. As described in § 300.110 of the NO1, the NRT is responsible for national
planning and coordination.
Regional. As described in § 300.115 of the NCP, the RRTs are responsible for
regional planning and coordination.
In response to the NRT's request for a report on the state of preparedness for oil spill
response from each RRT, the Region VIE RRT submitted a response to the NRT on
November 7, 1989.
In a separate Region VIH EPA report done to support the Region VIII RRT report,
five tasks were specifically addressed: Current Contingency Planning (federal, state, local,
and private sector, including high risk areas for which contingency plans should be
considered); Summary of Recent Experiences; Potential Future Oil Spill*, including a worst
case scenario inland oil spill for Region VHI; Response Capability (federal, state, local, and
private sector); and Summary of Oil Spill Prevention Activities.
The following observations were made based on all the RRT information submitted.
The "areas of greatest concern* in Region VIII are water bodies and wetland areas adjacent to
transportation routes, particularly pipelines. State and federal land management agencies
identified such areas as needing contingency plans. The "typical" past major oil spills in
Region Vm have involved rupture of an oil or petroleum product pipeline into a river or
stream (and are considered worst case scenarios).
This information is available from the Prevention Section of EPA Region VIU's
Emergency Response Branch.
Area. Section 4202(a) of die OPA amends section 31 l(j) of the CWA to require that
the Area Committee, under the direction of the FOSC for its Area, shall be responsible for:
(1) preparing an Area Contingency Plan for its Area; (2) working with state and local officials
to enhance the contingency planning of those officials and to assure preplanning of joint
response efforts, including appropriate procedures for mechanical recovery, dispersal,
shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and
rehabilitation of fisheries and wildlife; and (3) working with state and local officials to
expedite decisions for the use of dispersants and other mitigating substances and devices.
State. As provided by sections 301 and 303 of SARA, the State emergency response
commission (SERC) of each State, appointed by the Governor, is to designate emergency
planning districts, appoint local emergency planning committees (LEPCs), supervise and
coordinate their activities, and review local emergency response plans. The SERC also is to
establish procedures for receiving and processing requests from the public for information
generated by Title m reporting requirements and to designate an official to serve as
coordinator for information.
Local. As provided by sections 301 and 303 of SARA, emergency planning districts
are designated by the SERC in order to facilitate the preparation and implementation of
emergency plans. Each LEPC is to prepare a local emergency response plan for the
December 1993
1-14
-------
local agencies, the owners and operators of vessels and facilities in the area, and private
industry.
AO's should integrate approved onshore facility, pipeline, and bulk transportation
response plans. A detailed description of the relationship between AG's and these response
plan*; will be provided in Volume II of the ACP under the section on "Organization".
CWA section 311(j)(4) requires each Area Committee, under the direction of the
OSC, to prepare an ACP for its Area. The statute requires that each ACP describe the area
covered by the plan, including the areas of special economic or environmental importance that
might be adversely affected by a discharge. Several factors should be considered, including
but not limited to the presence and proximity of natural resources, environmentally sensitive
areas, and population concentrations; the location of drainage basins and appropriate
geographic and/or topographic features; the location of water supplies; and beaches,
recreational areas, areas of seasonal significance, and migratory bird flyways. Compliance
with this part will be accomplished through a Fish and Wildlife and Sensitive Environments
Plan, which will be an annex to the ACP and a part of each Area-specific Plan (Volume II).
Region vm has developed a Geographic Risk Area Analysis dated December 31,
1992, proposing priority areas for Area-specific contingency planing. This information is
available from the Region Vm EPA Prevention Section and is incorporated herein by
reference. The criteria included, but was not limited to: the pattern of past spills and
likelihood of future spills; the presence and proximity of natural resources, environmentally
sensitive areas and population concentrations; the concentration of facilities, pipelines, and
transportation routes within the Region; the location of drainage basins including approximate
geographic and/or topographic features, and navigable waterways.
Sources of information included federal, state, and local government and industry
representatives (state and county emergency management offices, state and county health
departments and departments of environmental quality, SERCs, LEPCs, departments of
natural resources, federal departments and agencies, oil spill cooperatives, oil companies, oil
and gas commissions, etc.)
EPA Region VIII's Federal Reporting Data System (FRDS) will be used in part to
identify water supplies. This system is currently being redeveloped. Although specific
information on this national drinking water database is limited, source information data
elements such as public water supply latitude/longitude is included. Municipal, irrigation,
industrial and drinking water intake information is most readily available at the state and local
level, and will be detailed in Volume II of the ACP.
3. Tide m local emergency response plans.
The regulations that implement SARA Title HI are codified at 40 CFR Pan 355.
Each LEPC is to prepare an emergency response plan in accordance with section 303
of SARA Title ID and review the plan once a year, or more frequently as changed
circumstances in the community or at any subject facility may require. Such Title m local
emergency response plans will be closely coordinated with applicable Area contingency plans
December 1993
1-16
-------
The OP A provides additional authority for carrying out a response. Under section
4201 of the OPA, the OSC as the President's designate may:
(1) remove or arrange for the removal of a discharge, and mitigate or prevent a
substantial threat of a discharge, at any time;
(2) direct or monitor all federal, state, and private actions to remove a discharge; and
(3) remove and, if necessary, destroy a vessel discharging, or threatening to
discharge, by whatever means are available.
Furthermore, if a discharge results in a substantial threat to the public health or
welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural
resources, and the public and private beaches and shorelines of the United States), the OSC
shall direct all federal, state, and private actions to remove die discharge or to mitigate or
prevent the threat of die discharge.
In Region VHI, worst case discharge scenarios will crater around petroleum
production, refining and storage facilities, pipelines, and transportation routes. Further
information will be detailed in Volume II of die ACP.
To prepare for a worst case oil spill incident, planners and responder need to know
the characteristics of the size and type of possible occurrences. Looking at the spill history of
an area is a good way to anticipate what you are likely to face in the future. Reportable oil
spills are required to be reported to the NRC (previously referenced). When spills are
reported, the information is disseminated to the EPA FOSC for possible response actions.
The mechanism for recording spills is the EPA Region Vm Emergency Response Notification
System (ERNS). Further information about this system can be found in die Region VHI
RCP, at the end of Section 302 Notification.
Region vm has developed a Federal Local Contingency Plan for die North Platte
River in Wyoming, dated March 13, 1981, to minimiy^ pollution damage from discharges of
oil or hazardous substances into the North Platte River and its tributaries. Information in the
plan includes: environmentally sensitive areas; most probable locations for pollution incidents;
resources needed to respond to spill incidents (including location information); plans of action
for protecting vulnerable resources; and a local organizational structure for spill response.
2. Fish and Wildlife Response Plan.
OPA section 4201(b) amends subsection (d) of section 311 of the FWPCA (33 U.S.C.
1321(d)) to ""•J"'** a fish and wildlife response plan, developed in consultation with the
USFWS, NOAA, and other interested parties (including state fish and wildlife conservation
officials), for the mrniAHiatp and effective protection, rescue, and rehabilitation of, and the
minimization of risk of damage to, fish and wildlife resources and their habitat that are
harmed or that may be jeopardized by a discharge.
The Fish and Wildlife and Sensitive Environments Annex will be included in Volume
n of the ACP.
December 1993
1-18
-------
In general, the OPA fund is available primarily for the cleanup actions of an oil spill.
The purposes of the fund are outlined in section 1012 of the OPA.
CERCLA funds are available for the payment of removal costs for incidents involving
hazardous substances, contaminants or pollutants.
2. Response.
The relationship of the federal agencies (RRT) is described in the Region Vm RCP.
A detailed description of the relationships between federal, state, and local responding
organizations will be detailed in Volume II of die AG*.
In most instances, response personnel, equipment and resources involved in oil
response and in hazardous substances response are die same for a given Area. Application of
fund monies from CERCLA or OPA may require evaluation after the cleanup based on the
documentation obtained during the response. Additional detail regarding joint OPA and
CERCLA response will be addressed in Volume II, Section II of the A CP.
For hazardous substance response only, see appropriate Tide m, SERC and LEPC
HAZMAT response plans.
VI. STATE AND LOCAL INVOLVEMENT IN RESPONSE
1. General.
Subpart F of the NCP addresses state involvement in hazardous substance response
and is incorporated herein by reference.
For further information, see the Region Vm RCP, Annex I Tabs 2 and 3, and Annex
m Tabs 1 and 2.
2. EPA/State/Local MOA (MOUV
Federal, state, and local MOAs (MOCJs) may establish the nature and extent of EPA,
state and local interaction during EPA-lead and state/local-lead responses (including Indian
Tribes). EPA shall enter into MOA (MOU) discussions if requested by a state or local
government.
Refer to the NCP (at section 300.505) for a discussion of State MOAs (MOUs). Also
refer to the Region Vm RCP regarding State authorities in Annex V.
3. Requirements for State Involvement in Enforcement Responses and She Remedy
[RESERVED]
Enforcement procedures and protocol will be developed and detailed in Volume II of
the A CP, under the section entitled "Organization".
December 1993
1-20
-------
Landowners are also encouraged to participate in planning and response. The
landowner is a valuable resource due to bis/her local knowledge. The landowner, to the
extent practical and based on the FOSC's judgement, may be included in the planning and
response activities, under direction of the FOSC. Landowners that provide access to or are
affected by a spill have jurisdiction over their lands, and warrant special consideration by the
responding agency or unified command. In the event that an incident poses, or has the
potential to pose an imminent threat to human health and/or the environment, it is in the best
interest of the landowner to provide FOSC access.
In addition, OPA authorizes filing of claims against the OSLTF by other persons. To
file a claim, contact the Director, NPFC, Suite 1000, 4200 Wilson Boulevard, Arlington, VA
22203-1804, telephone (703) 235-4756.
Detail on Area Committee non-governmental, ex-officio participants (e.g., industry,
volunteer groups, landowners, etc.) will be provided in Volume II of the ACP.
IX. ADMINISTRATIVE RECORD FOR SELECTION OF RESPONSE ACTION
Subpart I of the NCP addresses administrative recordkeeping for selection of response
actions and is incorporated herein by reference to the extent that it applies to emergency
response.
X. CHEMICAL COUNTERMEASURES
Subpart J of the NCP addresses the use of dispersants and other chemical
countenneasures, and is incorporated herein by reference. In addition, section 4202(a) of the
OPA requires that each Area Committee work with state and local officials to expedite
decisions for die use of dispersants and other mitigating substances and devices. Region vm
draft guidance is available for using bioremedistion in response to terrestrial oil spills. The
process for expediting decisions regarding the use of dispersants and other chemical
countenneasures on an Area basis will be identified in Volume II of the ACP, section IV
("Chemical Countenneasures''). Current policy/procedures are set forth in the Region Vm
RCP, Section 600 Chemical, Biological, and Burning Agents.
XI. FEDERAL FACILITIES
[RESERVED]
See the Region Vm RCP, Section 303.1
December 1993
1-22
-------
AREA CONTINGENCY PLAN
VOLUME n
[RESERVED]
The following is the outline for a Region VIII Area-specific ACP:
I. GEOGRAPHIC DESCRIPTION
Describe boundaries, special economic and environmental areas, natural resources,
and topographic information, cross-referencing to databases and appendices as necessary.
Includes vulnerabilities and hazards. Incorporate the Fish and Wildlife and Sensitive
Environments Plan developed by the Area Committee.
- Geographic Boundaries
- Area of Responsibility
- Area Spill History
- Sensitive Areas
- Disposal
H. ORGANIZATION
Describe roles and responsibilities of parties under the Plan (PRP, federal, state,
local, tribe, landowner). Reference this information from facility response plans.
- Response System and Policies
- Planning Organization
- Response Organization
- Operational Administration
- Area Committee Organization
- Operations
• Applicable MOAs/MOUs
December 1993
-------
ID. RESPONSE RESOURCE CAPABILITIES
Include equipment and personnel (PRP, federal, state, local, public sector, private
sector). This section may take the form of a database, which should be referenced in this
volume.
- Personnel and Information Resources
- Special Forces
- Equipment
IV. CHEMICAL COUNTERMEASURES
Include decision-making and preapproval regarding uses of certain chemicals.
Reference expedited methods for use of dispersants and other chemicals.
V. RELATIONSHIP TO OTHER PLANS
Integrate federal, state and local response plans for the given Area listed in an
attachment to the ACP.
Reference facility response plans.
VI. SCENARIOS
Include a list of major facilities and a worst-case scenario for each facility.
In addition, die Area Committee, under the direction of the OSC, will prepare a
shortfall analysis to be presented to the lead agency. This analysis will be included in this
section.
VH. AREA INVENTORY
Include an inventory of facilities.
APPENDICES
Area-Specific abbreviations and definitions
Other appendices as determined by the Area Committee
RECORD OF AMENDMENTS
Include a Record of Amendments at the back of the document, which lists: date
submitted, who submitted amendment, page and content, and date of amendment.
December 1993
H-2
------- |