EPA REGION III
INLAND AREA COMMITTEE
INLAND AREA CONTINGENCY PLAN
VOLUME I
S
MAY 11, 1994
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IHTRODUCTIOH
Section 4202 of the Oil Pollution Act of 1990 (OPA 90)
amended Subsection (j) of Section 311 of the Federal Water
Pollution Control Act (FWPCA) (33 U.S.C. 1321 (j)) establishing
"Areas" for contingency planning. Area Committees were to be
established for each "Area" designated by the President. These
Area committees are to be composed of qualified personnel from
Federal, State, and local agencies and chaired by the Federal On-
Scene Coordinator. The authority to designate areas, appoint
Area Committee members, determine the information to be included
in Area Contingency Plans, and review and approve such plans has
been delegated by executive Order 12777 of 22 October 1991, to
the Administrator, of the Environmental Protection Agency for the
inland zone and to the Commandant of the Coast Guard for the
coastal zone. EPA Delegation of Authority 2-91, further
delegates the authority to review and approve the Area
Contingency Plan for the Inland Zone of Region III to the
Director, Hazardous Waste Management Division.
The EPA Region III Inland Area has been designated as the
inland zone of the states of Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia, and West Virginia. The initial
Inland Area Committee has been designated from representatives of
the Region III Regional Response Team (RRT) and members nominated
by the Governors of each state and the Mayor of D.C.
The Region III Inland Area Contingency Plan herein has been
accepted from the OSC as an interim document subject to the
incorporation of additional information currently being compiled
by the Area Committee. This plan has been prepared in accordance
with the guidelines established by EPA and fully meets the
requirements set forth in Section 4202 (b)(1)(A) of the Oil
Pollution Act of 1990. Comments and recommendations regarding
this plan are invited and should be submitted to:
Stephen Jarvela, OSC
Inland Area Committee (3HW30)
Environmental Protection Agency, Region III
841 Chestnut Street
Philadelphia, PA 19107
The official version of this plan will be maintained in the
EPA Regional Response Center and will be available upon request.
The plan will be under continual review. Any changes, additional
information, or corrections will be added as necessary, updated
annually, and consecutively numbered.
^ r p ^ r-/zsm
Thomas C. Voltagq^^Director Date
Hazardous Wa^te^Management Division
U.S. Environmental Protection Agency
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TABLE 07 CONTENTS
TABLE OF CONTENTS i
I. INTRODUCTION . . . . 1
A. PURPOSE AND OBJECTIVE 1
B. AUTHORITY AND APPLICABILITY ............ 1
C. SCOPE i . . 2
D. ABBREVIATIONS ................... 2
E. DEFINITIONS ....... . 4
F. GEOGRAPHIC BOUNDARIES .... 10
1. Region III Inland Area ............ 10
2. Areas of Special Economic and Environmental
Importance . . . 10
3. Fish and Wildlife Plan ............ 12
II. RESPONSIBILITY AMD ORGANIZATION FOR RE8PON8E 13
A. DUTIES OF PRESIDENT DELEGATED TO FEDERAL AGENCIES . 13
B. GENERAL ORGANIZATION CONCEPTS . . . . ... . . . . 13
1. National Response System ...... 13
2. National Response Policy . . . . 15
3. State Response System and Policy ....... 15
4. Local Response System and Policy 16
5. Responsible Party Response Policy 16
C. NATIONAL RESPONSE TEAM ........ 17
D. REGIONAL RESPONSE TEAM .............. 18
E. AREA COMMITTEE .................. 18
1. Standing Area Committee 18
2. Other Interested Parties 19
F. ON-SCENE COORDINATORS: GENERAL RESPONSIBILITIES 19
G. NOTIFICATION AND COMMUNICATIONS .......... 20
H. DETERMINATIONS TO INITIATE A RESPONSE AND SPECIAL
CONDITIONS . . 20
I. RESPONSE OPERATIONS ................ 20
J. MULTI-AREA RESPONSES ............... 22
K. SPECIAL FORCES AND OTHER ASSISTANCE AVAILABLE TO
OSCs 23
L. WORKER HEALTH AND SAFETY 33
M. PUBLIC INFORMATION AND COMMUNITY RELATIONS .... 34
N. DOCUMENTATION AND COST RECOVERY . 34
O. 0SC REPORTS 35
P. FEDERAL AGENCY PARTICIPATION ........... 35
Q. STATE AND LOCAL PARTICIPATION IN RESPONSE ..... 35
R. NON-GOVERNMENTAL PARTICIPATION .......... 39
III. PLANNING AND PREPAREDNESS ............... 40
A. PLANNING AND COORDINATION STRUCTURE . . . . . . i .40
1. National Response Team ............ 40
2. Regional Response Team 40
3. Area Committees 41
4. State .............. 41
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5. Local ...... 42
B. FEDERAL CONTINGENCY PLANS ..... ... 42
1. The National contingency Plan . . ... . . . 42
2. Regional Contingency Plans . . . . . . . . ..42
3. Area Contingency Plans 42
C. TITLE III LOCAL EMERGENCY RESPONSE PLANS ..... 43
D. RELATIONSHIP TO OTHER PLANS ^ . 44
E. PLANNING AND RESPONSE STRATEGY 44
1. Prevention ......... .. 44
2. Notification 44
3. Response 44
4. Feedback ............. 44
F. OTHER PLANNING REQUIREMENTS ............ 45
IV. OPERATIONAL RESPONSE PHASES FOR OIL REMOVAL ...... 46
A. RESPONSE 46
B. FISH AND WILDLIFE RESPONSE PLAN . . . 46
C. FUNDING . . . . . . . . . .... . . 47
1. Liability Limitations . 47
2. State Access to the Fund . . . . . . . . . . .48
3. Eligibility for State Access 48
4. Required Recordkeeping 48
5. State Access to Other Funds ......... 49
V. HAZARDOUS SUBSTANCE RESPONSE .............. 51
A. GENERAL ......... ....... 51
B. RESPONSE ....... .... 51
VI. STATE AND LOCAL INVOLVEMENT IN RESPONSE ........ 52
A. GENERAL 52
B. EPA/STATE/LOCAL MOA (MOU) 52
C. REQUIREMENTS FOR STATE INVOLVEMENT IN ENFORCEMENT
RESPONSES AND SITE REMEDY . . . . . ... . . . . . 52
D. STATE INVOLVEMENT IN EPA/USCG-LEAD ENFORCEMENT
NEGOTIATIONS ................ , . . 52
E. STATE INVOLVEMENT IN REMOVAL ACTIONS ....... 53
VII. TRUSTEES FOR NATURAL RESOURCES 54
A. DESIGNATION OF TRUSTEES 54
B. FUNCTIONS OF TRUSTEES . .... ... . 55
VIII. PARTICIPATION BY OTHER PER80N8 . . . . . 56
IX. ADMINISTRATIVE RECORD FOR SELECTION OF RESP0N8E ACTION . 57
X. USE OF DISPERSANTS AND OTHER CHEMICALS ......... 58
A. CHEMICAL METHODS . .... . . . 58
B. TYPES OF CHEMICAL AGENTS 58
C. CONCURRENCE NETWORK ... . . . . . . ... . . . . 59
XI. FEDERAL FACILITIES . « .......... . 59
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8FA REGION ZZZ INLAND AREA COMMITTEE
AREA CONTINGENCY PLAN
VOLUME I
I. INTRODUCTION
A. PURPOSE AND OBJECTIVE
fhe purpose of this Area Contingency Plan 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.
B. 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 Act (FWPCA) (33 U.S.C. 1321 (j)) as amended by the
Clean Water Act (CWA) of 1977 (33 U.S.C. 1251 et seq).
This ACP is written in conjunction with the National Oil
and Hazardous Substance Pollution Contingency Plan (NCP) (40
CFR 300) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA, 42 U.S.C.
9601), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
Virginia
For the Commonwealth of Virginia, this plan is consistent
with requirements set forth in the Commonwealth of Virginia
Oil and Hazardous Materials Emergency Response Plan, an annex
to Volume II of the Commonwealth of Virginia Emergency
Operations Plan - Peacetime Disasters, promulgated by
Executive Order Number 24(86), Office of the Governor,
September 2, 1986.
Maryland
This plan satisfies requirements stated in the state of
Maryland's Health-Environmental Article, Title 7, Subtitle 2
and Title 4, Subtitle 4.
Pennsylvania
This plan satisfies requirements stated in the state's
contingency plan, which derives its authority from Emergency
Management Services Code, (35 PA C.S.), as amended; Article I,
Section 27 of the Pennsylvania Constitution; Air Pollution
Control Act; Clean Streams Law; Oil and Gas Act; Pennsylvania
Coal Mine Acts; Solid Waste Management Act; and the
Pennsylvania Forest Fire Laws.
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Delaware
This plan satisfies requirements contained in the State
of Delaware Oil and Hazardous Substance Incident contingency
Plan.
West Virginia
This plan satisfies the requirements stated under Title
38 Series II (Miscellaneous Water Pollution Control), Code 20,
Article 56, Section 6 (State Hazardous Waste Contingency
Plan).
District at Columbia
This plan coordinates with the District of Columbia
Comprehensive Hazardous Materials Emergency Response Plan,
October 1988, rev.ed., January 1992, and with the relevant
annexes of the District of Columbia Emergency Operations Plan.
C. SCOPE
This ACP applies to the Area defined in Volume II,
Section 1 ("Geographic Description") of this ACP 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 exclusive 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.
This ACP expands upon the requirements set forth in the
NCP, augments coordination with State and local authorities,
and integrates existing State, local, and private sector plans
for the Area.
D. 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
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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
USCG—United States Coast Guard
USDA—United States Department of Agriculture
USFWS—United States Fish and Wildlife Service
(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 ACP will spell out
Nuclear Regulatory Commission and use the abbreviation nNRCN
only with respect to the National Response Center.)
Operational Abbreviations:
AC—Area Committee
ACP—Area Contingency Plan
ARARs—Applicable or Relevant and Appropriate Requirements
CERCLIS—CERCLA Information System
CRC—Community Relations Coordinator
CRP—Community Relations Plan
DRAT-—District Response Advisory Team
DRG—District Response Group
ERT—Environmental Response Team
ESF—Emergency Support Function
FCO—Federal Coordinating Officer
FRERP—Federal Radiological Emergency Response Plan
FS—Feasibility Study
HRS—Hazard Ranking System
LEPC—Local Emergency Planning Committee
NCP—National Oil and Hazardous Substances Pollution
Contingency Plan
NPFC—National Pollution Funds Center
NPL—National Priorities List
NRC—National Response Center
NRS—National Response System
NRT—National Response Team
NSF—National Strike Force
NSFCC—National Strike Force Coordination Center
O&M—Operation and Maintenance
OSC—On-Scene Coordinator
OSLTF—Oil Spill Liability Trust Fund
PA—Preliminary Assessment
PIAT—Public Information Assist Team
RA—Remedial Action
RCP—Regional Contingency Plan
RD—Remedial Design
RI— Remedial Investigation
ROD—Record of Decision
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RPM—Reaedial 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
SONS—Spill of National Significance
SSC—Scientific Support Coordinator
Other applicable abbreviations include the following:
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)
FOSC—Federal On-Scene Coordinator
FWPCA--Federal Water Pollution Control Act
HAZMAT—Hazardous Materials
ICS—Incident Command System
LOSC—Local On-Scene Coordinator
PRP—Potentially Responsible Party
SARA—Superfund Amendments and Reauthorization Act of 1986
SOSC—State On-Scene Coordinator
Title III—The Emergency Planning and Right-to-Know Act of
1986 (Title III of SARA)
E. 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 Committees As defined by Sections 311(a)(18) 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 Plant 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 and RCP,
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.
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coastal Watersi The waters of the coastal zone (except for
the Great Lakes and specified ports and harbors on inland
rivers). Precise boundaries are identified in USCG/EPA
agreements, Federal Regional Contingency Plans and Area
Contingency Plans.
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.
Discharge: As Defined by Section 311(a)(2) of the CWA,
includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of oil, but
excludes discharges in compliance with a permit under Section
402 of the CWA, discharges resulting from circumstances
identified and reviewed and made a part of the public record
with respect to a permit issued or modified under Section 402
of CWA, and subject to a condition in such permit, or
continuous or anticipated intermittent discharges from a point
source, identified in a permit or permit application under
Section 402 of the CWA, that are caused by events occurring
within the scope of relevant operating or treatment systems.
Drinking Water Supply: As defined by Section 101(7) of
CERCLA, means any raw or finished water source that is or may
be used by a public water system (as defined in the Safe
Drinking Water Act) or as drinking water by one or more
individuals.
Environments As defined by Section 101(8) of CERCLA, means
the navigable waters, the waters of the contiguous zone, and
the ocean waters of which the natural resources are tinder 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.
Faoilityt As defined by Section 101(9) of CERCLA, means any
building, structure, installation, equipment, pipe or
pipeline, well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or
aircraft, or any site or area, where a hazardous substance has
been deposited, stored, disposed of, or placed, or otherwise
come to be located; but does not include any consumer product
in consumer use or any vessel.
First Federal Official: The first federal representative of
a participating agency of the National Response Team to arrive
at the scene of a discharge or a release. This official
coordinates activities under the NCP and may initiate, in
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consultation with the OSC, any necessary actions until the
arrival of the predesignated OSC.
around Waters As defined by Section 101(12) of CERCLA, means
water in a saturated zone or stratum beneath the surface of
land or water'
Hazardous Substances: Any nonradioactive solid, liquid, or
gaseous substance which when uncontrolled, may be harmful to
human health or the environment. This does not include
petroleum, natural gas, natural gas liquids, liquified natural
gas or synthetic gas. The precise legal definition can be
found in Section 101(14) of CERCLA. This ACP will deal with
hazardous substances as defined by both CERCLA and the CWA.
Inland Waters: Those waters of the United States in the
inland zone, waters of the Great Lakes, Lake Champlain, and
specified ports and harbors on inland rivers^
Inland Sonet The environment inland of the coastal zone
excluding the Great Lakes, Lake Champlain, and specified ports
and harbors on inland rivers. The term inland zone delineates
an area of Federal responsibilities for response actions.
Precise boundaries are determined by EPA/USCG agreements and
identified in Federal Regional Contingency Plans.
Lead Agency: The agency that provides the OSC/RPM to plan and
implement response actions under the NCP, EPA, the' USCG,
another federal agency, or a state (or political subdivision
of a state) operating pursuant to Section 104(d) (1) of CERCLA,
or designated pursuant to a Super fund Memorandum of Agreement
(SMOAj entered into pursuant to subpart F of the NCP or other
agreements may be the lead agency for a response action.
Loeal Emergency Planning Committee (LEPC): A group of local
representatives appointed by the State Emergency Response
Commission (SERC) to prepare a comprehensive emergency plan
for the local emergency planning district, as required by the
Superfund Amendments and Reauthorization Act's Title III.
National Pollution Funds Center (HPFC) s As defined by section
7 Executive Order 12777, the NPFC is the entity established by
the Secretary of the department in which the USCG is operating
whose function is the administration of the Oil Spill
Liability Trust Fund (OSLTF). This includes access to the
OSLTF By Federal agencies, States, and designated trustees for
removal actions and initiation of natural resource damage
assessments, as well as claims for removal costs and damages.
National Response System: The mechanism for coordinating
response actions by all levels of government in support of the
OSC/RPM. The NRS is composed of the NRT, RRTs, OSC/RPM, IRPM,
Area Committees, and Soecial Teams and related support
entities.
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National Strike Forest A special team established by the
USCG, including the three USCG Strike Teams, the Public
Information Assist Team, and the National Strike Force
Coordination Center. The NSF is available to assist OSCs/RPMs
in their preparedness and response duties.
Natural Resources: Land, fish, wildlife, biota, air, water,
groundwater, drinking water supplies¦, and other such resources
belonging to, managed by, held in trust by, appertaining to,
or otherwise controlled by the United States, any state or
local government, any foreign government, any Indian tribe,
or, if such resources are subject to a trust restriction on
alienation, any member of an Indian tribe.
Navigable Waters: As defined by 40 CFR 110.1, means the
waters of the United States, including the territorial seas.
Oils As defined by Section 311(a) (1) of the CWA, means oil of
any kind or in any form, including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil. Oil as defined by Section
1001 of the OPA means oil of any kind or in any form,
including, but not limited to, petroleum, fuel oil, sludge,
oil refuse, aind oil mixed with wastes other than dredged
spoil, but does not include petroleum, including crude oil or
any fraction thereof, which is specifically listed or
designated as a hazardous substance under subparagraphs (A)
through (F) of Section 101(14) of CERCLA (42 U.S.C. 9601) and
which is subject to the provisions of that Act.
oil spill Liability Trust Fund (OSLTP): The fund established
under Section 9509 of the Internal Revenue Code of 1986 (26
U.S.C. 9509).
On-Scene Coordinator (OSC): The federal official
predesignated by EPA or the USCG to coordinate and direct
federal responses under subpart D, or the official designated
by the lead agency to coordinate and direct removal actions
under Subpart E of the NCP.
Regional Response Team (RRT): The Federal response
organization (consisting of representatives from selected
Federal and state agencies) which acts as a regional body
responsible for planning and preparedness before an oil spill
occurs and for providing coordination of assistance and advice
to the OSC in the event of a major or substantial spill.
Remove or Removal: As defined by Section 311(a)(8) of the
CWA, refers to containment and removal of oil or hazardous
substances from the water and shorelines or the taking of such
other actions as may be necessary to minimize or mitigate
damage to the public health or welfare or to the environment.
Removal Costs: As defined by Section 1001 of the OPA, means
the costs of. removal that are incurred after a discharge of
oil has occurred, or in any case in which there is a
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substantial threat of a discharge of oil, the costs to
prevent, minimize, or mitigate oil pollution from such an
incident.
Responsible Party: As defined by Section 1001 of the OP A,
means the following for:
Vessels - any person owning, operating, or demise chartering
the vessel.
Onshore facilities - any person Owning or operating the
facility, except a federal agency, state, municipality,
commission, or political subdivision of a state, or any
interstate body, that as the owner transfers possession and
right to use the property to another person by lease,
assignment, or permit.
Offshore facilities - the lessee or permittee of the area in
which the facility is located or the holder of a right of use
and easement granted under applicable state law or the Outer
Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the area
in which the facility is located, except a federal agency,
state, municipality, coipmission, or political subdivision of
a state, or any interstate body, that as owner transfers
possession and right to use the property to another person by
lease, assignment, or permit.
Deepwater ports - in the case of a deepwater port licensed
under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524),
the licensee.
Pipelines - any person owning or operating the pipeline.
Abandonment- the persons who would have been responsible
parties immediately prior to the abandonment of the vessel or
facility.
Sise Classes of Discharges! refers to the following size
classes of oil discharges which are provided as guidance to
the OSC and serve the criteria for the actions delineated
in subpart D of the NCP.
Minor discharge - a discharge to the inland waters of less
than 1,000 gallons of oil or a discharge to the coastal waters
of less than 10,000 gallons of oil.
Medium discharge - a discharge of 1,000 to 10,000 gallons of
oil to the inland waters or a discharge of 10,000 to 100,000
gallons of oil to the coastal waters.
Major discharge - 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.
Spill of national Significance: A spill that due to its
severity, size, location, actual or potential impact on the
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public health and welfare or the environment, or the necessary
response effort, is so complex that it requires extraordinary-
coordination of federal, state, local, and responsible party
resources to contain and cleanup the discharge.
States The several states of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the U.S. Virgin Islands, the Commonwealth of the
Northern Marianas, and any other territory or possession over
which the United States has jurisdiction. The term includes
Indian tribes as defined in the NCP except where specifically
noted.
State Emergency Response Commission (SERC): A group of
officials appointed by the State governor to implement the
provisions of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA). The SERC coordinates and
supervises the work of the Local Emergency Planning Committees
and reviews local emergency plans annually.
State Lead Agencies for Cleanup Response:
DE DNREC - Delaware Department of Natural Resources and
Environmental Control, Division of Air and Waste
Management
MDE - Maryland Department of the Environment, Waste
Management Administration
DC OEP - District of Columbia Office of Emergency
Preparedness
PA DER - Pennsylvania Department of Environmental
Resources
VA DBS - Virginia Department of Emergency Services
VA DEQ - Virginia Department of Environmental Quality
wv DEP - West Virginia Department of Environmental
Protection
support Agency: The agency or agencies that provide the
support agency coordinator to furnish necessary data to the
lead agency, review response data and documents, and provide
other assistance as requested by the OSC. EPA, the USCG,
another federal agency, or a state may be support agencies for
a response action if operating pursuant to a contract executed
under Section 104(d)(1) of CERCLA or designated pursuant to a
SMOA entered into pursuant to subpart F of the NCP or other
agreement.
Support Agency Coordinator: The official designated by the
support agency, as appropriate, to interact and coordinate
with the lead agency in response actions.
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Trusts*i An official of a federal resources management agency
designated in subpart 6 of the NCP or a designated state
official or Indian tribe or, in the case of discharges covered
by the OPA, a foreign government official, who may pursue
claims for damages under Section 107(f) of CERCLA or section
1006 of the OPA.
Vessel: As defined by Section 101(28) of CERCLA, means every
description of watercraft or other artificial contrivance
used, or capable of being used, as a means of transportation
on water; and, as defined by Section 311(a) (3) of the CWA,
means every description of vatercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water other than a public vessel.
Volunteer: Any individual accepted to perform services by the
lead agency which has authority to accept volunteer services.
A volunteer is subject to the provisions of the authorizina
statute and the NCP.
worst case Discharge* As defined by Section 311(a) (24) of the
CWA, means, in the case of a vessel, a discharge in adverse
weather conditions of its entire cargo, and, in the case of an
offshore facility or onshore facility, the largest foreseeable
discharge in adverse weather conditions.
F. GEOGRAPHIC BOUNDARIES
l. Region III Inland Area
2. Areas of Special Economic and Environmental Importance
The development and maintenance of a comprehensive inventory
of areas of special economic and environmental importance for
the Region III Inland Area will be based on Geographic
Information System (GIS) technology. EPA Region III currently
utilizes and maintains.an ARCINFO.GIS program and database.
Information compiled under this plan to meet the OPA
requirement for identifying these areas should be compatible
with the ARCINFO format. Appendix 2 of Volume II, Sensitive
Areas, sets forth the procedures for compiling and mapping
data for the identification, and prioritization of areas of
special economic and environmental importance. Sensitive
Areas may include fish, wildlife, and their habitat, and other
sensitive areas, as well as sensitive human-use resources
which could be adversely impacted by a discharge, e.g.
drinking water intakes, cooling water intakes, etc.
a. Environmentally Sensitive Areas
Sensitive Areas may include specified areas of Federal
Management Authority, critical habitats and endangered
species, estuarine reserves, aquatic ecosystems, and aquatic
habitats, as well as fish and wildlife, and their habitats.
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As outlined in Section 300.210 of the NCP, the Sensitive Areas
Appendix shall:
1). identify locations of fish, wildlife, their
habitats, and other sensitive environments;
2). identify and establish priorities for protection of
these sensitive environments;
3). provide a mechanism to be used during a spill
response for timely identification of sensitive
areas and prompt implementation of protection
measvires;
4). identify potential environmental effects on fish
and wildlife, their habitat, and other sensitive
environments;
5). provide guidance for pre-approval of application of
specific countermeasures or removal actions, that,
if expeditiously applied, will minimize adverse
spill-induced impacts to sensitive areas;
6). provide monitoring plan(s) to evaluate the
effectiveness of different countermeasures or
removal actions in protecting the environment;
7). identify and provide for the acquisition and
utilization of necessary response capabilities for
protection, rescue, and rehabilitation of fish and
wildlife resources and habitats;
8). identify appropriate federal and state agency
contacts and alternates responsible for
coordination of fish and wildlife rescue and
rehabilitation and protection of sensitive
environments;
9). identify the means for providing, if needed, the
minimum required Occupational Safety and Health
Administration ("OSHA") training for volunteers,
including those who assist with injured wildlife;
10). evaluate the compatibility between this appendix
and non-federal response plans on issues involving
sensitive areas.
b. Special Economic Areas
Special economic areas run the gambit from drinking water
intakes, which are the highest priority because of the
potential threat to public health and cooling water intakes on
power plants because of the potential threat to public and
occupational health, to the not so easily identifiable
anthropological resources that are protected by various state
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and Federal statutes which have historic or cultural
importance.
The Sensitive Areas Appendix shall:
1). identify water dependent commercial areas such as
drinking water supply, industrial intakes,
aquaculture, boating, fishing, and shellfish
2). identify water dependent recreational areas such as
marinas, swimming, boating, fishing,, wildlife
management, and public recreation
3); identify the location of anthropological (historic
or cultural) resources
3. Fish and Wildlife Plan
The OPA requires the development of a Fish and Wildlife
Response Plan for the immediate 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. To meet
this requirement the ACP has incorporated the Region III
Shoreline Countermeasures Manual as Appendix 3. The NCP
requires the incorporation of a Fish and Wildlife and
Sensitive Environments Plan as an annex to the ACP. To meet
this requirement the Area Committee has proposed the
development of two appendices.
The Shoreline Cpuntermeasures Manual was developed by the RRT
in consultation with the Trustees as a detailed mechanism that
can be used during a spill response for the timely
identification of incident specific protection priorities of
resources, habitats, and sensitive areas..
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II. RESPONSIBILITY AND ORGANIZATION FOR RESPONSE
A. DUTIES OF 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 the 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
Federal OSC to each Area'to carry out these functions and
responsibilities.
B. GENERAL ORGANIZATION CONCEPTS
The Area Committees, in conjunction with the National
Response Team (NRT) and the Regional Response Teams, serve a
spill planning and preparedness role within the National
Response System. Each Area Committee shall be comprised of
Federal, State, and local agency personnel. Under the
direction of the Federal OSC, each Area Committee for its
assigned Area shall: -
• Prepare and submit an ACP for approval;
• Work with State and local officials to enhance the
contingency planning of those officials and to
assure preplanning of joint response efforts,
including appropriate procedures for mechanical
recovery, dispersal, shoreline cleanup, protection
of sensitive environmental areas, and protection,
rescue, and rehabilitation of fisheries and
wildlife; and
• Work with State and local officials to expedite
decisions for the use of dispersants and other
mitigating substances and devices.
1. National Response System
The National Response System (NRS) was developed to
coordinate all government agencies with responsibility for
environmental protection, in a focused response strategy for
the immediate and effective clean up of an oil or hazardous
substance discharge. The NRS is a three tiered, response and
preparedness mechanism that supports the predesignated Federal
OSC in coordinating national, regional, local government
agencies, industry, and the responsible party during response.
The NRS supports the responsibilities of the OSC, under
the direction of the Federal Water Pollution Control Act's
federal removal authority. The OSC plans and coordinates the
response strategy on scene, using the support of the National
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Response Team (NRT), Regional Response Tean (RRT), local
response structure, and the responsible parties as necessary,
to supply the needed trained personnel, equipment, and
scientific support to complete an immediate and effective
response to any oil or hazardous substance discharge.
The NRS is designated to support the OSC and facilitate
responses to a discharge or threatened discharge of oil or a
hazardous substance. The NRS is used for all spills,
including, a Spill of National Significance (SONS). When
appropriate, the NRS is designed to incorporate a unified
command and control support mechanism (unified command)
consisting of the OSC, the State's; Incident Manager, and the
Responsible Party's Incident Manager. The unified command
structure allows for a coordinated response effort which takes
into account the Federal, State, local and responsible party
concerns and. interests when implementing the response
strategy. A unified command establishes a forum for open,
frank discussions on problems -that must be addressed by the
parties with primary responsibility for oil and hazardous
substance discharge removal. A unified command helps to
ensure a coordinated, effective response is carried out and
that particular needs of all parties involved are taken into
consideration. The OSC has the ultimate authority in a
response operation and will exert this authority only when
there is imminent danger to the public health or welfare or
the environment, or if the other members of the unified
command are not present or are unable to reach consensus
within a reasonable time frame. During hazardous substance
release responses in which local agencies usually assume a
leading role, the local agency may assume one of the unified
commander roles when a unified command is used. During
responses to oil spills, local agencies are not usually
involved as part of a unified command, but provide agency
representatives who interface with the. command structure
through the Liaison Officer or the State representative. When
a unified command is used, a Joint Operations Center and Joint
Information Bureau shall be established. The Joint Operations
Center should be located near and convenient to .the site of
the discharge. All responders (Federal, State, local and
private), should be incorporated into the OSC's response
organization at the appropriate level.
A Spill of National Significance (SONS) is that rare,
catastrophic spill event which captures the nation's attention
due to its actual damage or significant potential for adverse
environmental impact. A SONS is defined as a, spill which
greatly exceeds the response capability at the local and
regional levels and which, due to its size, location, and
actual or potential for adverse impact on the environment is
so complex, it requires extraordinary coordination of Federal,
State, local and private resources to contain and clean up.
Only the Commandant of the Coast Guard or the Administrator of
the EPA can declare a SONS.
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The response to a SONS event must be a coordinated
response that integrates the OSC's response organization with
the SONS response organization, detailed later in this
section.
2. National Response Policy
Section 4201 of 0?A 90 amended Subsection (c) of Section
311 of the FWPCA, to require the Federal OSC to "in accordance
with the National Contingency Plan and any appropriate Area
Contingency Plan ensure effective and immediate removal of a
discharge, and mitigation or prevention of a substantial
threat of a discharge, of oil or a hazardous substance-
"(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable
waters;
(iii) into or oh the waters of the exclusive economic
zone; or
(iv) that may affect natural resources belonging to,
appertaining to, or under the exclusive management
authority of the United States."
In carrying out these functions, the OSC may:
"(i) remove or arrange for the removal of a discharge,
and mitigate or prevent a substantial threat of a
discharge, at any time;
(ii) direct or monitor all Federal, State, and private
actions to remove a discharge; and
(iii) recommend to the Commandant that a vessel
discharging or threatening to discharge, be removed
and, if necessary, destroyed."
If the discharge or substantial threat of discharge of
oil or hazardous substance is of such size or character as to
be a substantial threat to the public health or welfare of the
United States (including but not limited to fish, shellfish,
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 the
discharge or to mitigate or prevent the threat of the
discharge.
3. State Response System and Policy
Refer to D.C. Comprehensive Hazardous Materials Emergency
Response Plan page 5 for a description of the District's
response system and page 13 for a description of state
response policies.
Refer to Pennsylvania State Contingency Plan page 400.2
for a description of the state response system and page 300.1
for a description of state response policies.
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Refer to the Maryland Hazardous Substance Response Plan,
Title 26, Subtitle 14 for a description of the state response,
systems and policies.
Refer to the Virginia Oil and Hazardous Materials
Emergency Response Plan, Annex U to Volume IX of the
Commonwealth of Virginia Emergency Operations Plan for a
description of the state response systems and policies.
Refer to pages 2 - 24 of the Delaware Oil and Hazardous
Substance Incident Contingency Plan for descriptions of the
state response system and policy.
Refer to West Virginia DAM Emergency and Spill Response
Manual (12/92). This manual covers mining and reclamation and
oil.
4. Local Response System and Policy
Refer to the list of contacts for local coordinators in
Volume II, Section III.
5. Responsible Party Response Policy
For those facilities submitting facility response plans
pursuant to OPA, a list of facilities and contacts can be
found in Volume II, Section VII. Refer to those plans for
specific corporate policy and procedures.
Under the statutory requirements of OPA 90, the
responsible party has primary responsibility for cleanup of a
discharge. The response shall be conducted in accordance with
their applicable response plan. Section 4201(a) of OPA 90
states that an owner or operator of a tank vessel or facility
participating in removal efforts shall act in accordance with
the National Contingency Plan and the applicable response plan
required. Section 4202 of OPA 90 states that these response
plans shall:
be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
identify the qualified individual having full
authority to implement removal actions, and require
immediate communications between that individual
and the appropriate Federal official and the
persons providing personnel and equipment pursuant
to clause (iii);
identify, and ensure by contract or other means
approved by the President, the availability of
private personnel and equipment necessary to remove
to the maximum extent practicable a worst case
discharge (including a discharge resulting from
fire or explosion), and to mitigate or prevent a
substantial threat of such a discharge;
describe the training, equipment testing, periodic
unannounced drills, and response actions of persons
"(i)
(ii)
(iii)
(iv)
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on cne vessel or at the facility, to be carried out
under the plan to ensure the safety of the vessel
or facility and to mitigate or prevent the
discharge, or the substantial threat of a
discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant
change.1*
Each owner or operator of a tank vessel or facility
required by OPA 90 to submit a response plan shall do so in
accordance with applicable regulations. Non-transportation-
related onshore facilities, marine transportation-related
facilities, and tank vessel response plan regulations,
including plan requirements, are located in 40 CFR 112.20 and
33 CFR Parts 154 and 155, respectively.
j
As defined in OPA 90, each responsible party for a vessel
or a facility from which oil is discharged, or which poses a
substantial threat of a discharge, into or upon the navigable
waters or adjoining shorelines or the Exclusive Economic Zone
is liable for the removal costs and damages specified in
Subsection (b) of Section 1002 of OPA 90. Any removal
activity undertaken by a responsible party must be consistent
with the provisions of the NCP, the Regional Contingency Plan
(RCP), the Area Contingency Plan, and the applicable response
plan required by OPA 90. If directed by the OSC at any time
during removal activities, the responsible party must act
accordingly.
Each responsible party for a vessel or facility from
which a hazardous substance is released, or which poses a
substantial threat of a discharge, is liable for removal costs
as specified in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C.
9601 et seq.).
C. NATIONAL RESPONSE TEAM
National planning, preparedness and coordination in
pollution incidents is accomplished through the NRT. The NRT
consists of representatives from the USCG, EPA, FEMA, DOD,
DOE, USD A, DOC, HHS, DOI, DOJ, DOL, DOT, DOS, GSA, and Nuclear
Regulatory Commission. For details on these agencies, see the
NCP at 40 CFR 300.175 (b). Other agencies may request
membership on the NRT by forwarding such requests to the
chairman of the NRT. The NRT is commissioned to maintain a
national readiness to respond to a major discharge of oil or
release of a hazardous substance. They do this by:
1. Maintaining national preparedness to respond to a major
discharge of oil or release of a hazardous substance,
pollutant, or contaminant that is beyond regional
capabilities;
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2. Developing procedures to build cooperation between all
federal, state and local governments, and private
organizations with regard to pollution response;
3. Coordinating a national program to assist member agencies
in planning and response and enhancing coordination of
member agency preparedness programs;
4. Monitoring national response-related research and
development, testing, and evaluation activities of NRT
agencies to enhance coordination and facilitate research
in support of response activities; and
5. Monitor response planning efforts of RRTs. The NRT will
be activated in accordance with Section 300.34(g) of the
NQP* Generally, activation will occur when a spill
crosses regional boundaries, or involves significant
population hazards and/or national policy issues. During
response activities, it acts primarily to coordinate and
oversee the response activities of the RRTs.
D. 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 includes
State and local representations.
E. AREA COMMITTEE
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. Members of the Area Committee are
appointed by the Regional Administrator. In addition to the
standing Area Committee membership the active participation by
other interested parties is encouraged for all planning
activities under the authority of the Area Committee. Current
Area Committee participants include:
1. Standing Area Committee
A listing of the primary and alternate area committee
members and other points of Contact may be found in "Appendix
1, of Volume II. The following lists the Region III RRT
representatives designated to serve as an interim member of
the Area Committee until nominations can be received for
formal appointment by the Regional Administrator.
USCG 5th District
USCG 2nd District
Department of the Interior
Department of Commerce
Department of Defense - Corps of Engineers
FEMA
Commonwealth of Virginia
*Va Department of Emergency Services
*Va Department of Environmental Quality ,
•Hopewell Emergency Services Coordinator
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*Henrico County Division of Fire
commonwealth of Pennsylvania
*
Delaware (Interim members)
*DE Department of Natural Resources and
Environmental Control
*DE Emergency Management Agency
Maryland
*John Chlada
*
West Virginia
*
*
District of Columbia
"Environmental Regulation Administration, D. C.
~Department of Consumer and Regulatory Affairs
*D.C. Office of Emergency Preparedness
* indicates nomination from the Governor or Mayor
2. Other Interested Parties
Three Rivers Pollution Response Council
River Terminal Operators Association
Ohio River Sanitation Commission
Ashland Petroleum Company
Colonial Pipeline
MSRC
Star Enterprises
SEA f ' Inc.
Smith Demer Normann, Ltd.
Amoco Corporation
Sun Transport, Inc.
Plantation Pipe Line Company
Delaware Bay & River Cooperative
F. ON-SCENE COORDINATORS: GENERAL RESPONSIBILITIES
The-NCP at 40 CFR part 300.120 describes the general
responsibilities of OSCs. The OSC directs response efforts
and coordinates all other efforts at the scene of a discharge
or release. OSCs are predes'ignated by the Regional or
district head of the lead agency. EPA and the USCG
predesignate OSCs for all areas in each region except for any
facility or vessel under the jurisdiction, custody, or control
of other Federal agencies. The USCG designates Federal OSCs
for the coastal zones, while EPA designates Federal OSCs for
the inland zones.
Under OPA, the Federal OSC has responsibilities related
to the establishment of Area Committees and the development of
ACPs. The Federal OSC chairs the Area Committee and provides
general direction and guidance for the committee as it
prepares the ACP.
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Appendix 1, Volume II identifies the Federal official
designated as the Federal On-Scene Coordinator for the Region
III Inland Area who serves as the Chair for the Area
Committee. The appendix includes a listing of the other EPA
and USCG predesignated On-Scene Coordinators. An up to date
list of OSCs is maintained by the EPA Region III Regional
Response Center.
6. NOTIFICATION AND COMMUNICATIONS
The National Response Center (NRC) is the national
communications center for handling activities related to
response actions. The NRC acts as the single point of contact
for all pollution incident reporting. Notice of an oil
discharge or release of a hazardous substance in ah amount
equal to or greater, than the reportable quantity must be made
immediately in accordance with 33 CFR parts 300.300 and
300.405, respectively. Notification shall be made to the NRC
Duty Officer, HQ USCG, Washington, DC, telephone (800) 424-
8802 or (202) 267-2675. All notices of discharges or releases
received at the NRC will be relayed immediately by telephone
to the appropriate predesignated Federal OSC.
For each Area, a detailed Notification List for Federal,
State, and local contacts is contained in Section 2 of Volume
II of the ACP.
H. DETERMINATIONS TO INITIATE A RESPONSE AND SPECIAL
CONDITIONS
OPA Section 4201 states that the President shall, in
accordance with the NCP and any appropriate ACP, ensure
effective and immediate removal of a discharge, and mitigation
or prevention of a substantial threat of a discharge of oil or
hazardous substance. In carrying out this mandate, the
President may direct or monitor all Federal, State, and
private actions to remove a discharge. The NCP at 40 CFR
300.130 states that EPA or the USCG is authorized to act for
the United States to take response measures deemed necessary
to protect public health or welfare or the environment from
discharges of oil or releases of hazardous substances,
pollutants, or contaminants except with respect to such
releases on or from vessels or facilities under the
jurisdiction, custody, or control of other Federal agencies.
The assigned Federal OSC may initiate, or in the case of a
discharge posing a substantial threat to public health or
welfare is required to initiate and direct appropriate
response activities. Upon approval by the Federal OSC, State
or local governments may initiate a government response.
Initiation of a response by private parties is addressed in
Section VIII below.
I. RESPONSE OPERATIONS
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To the extent practicable, response operations shall be
consistent with Federal, State, and local plans, including
ACPs and facility response plans.
V ¦ '
The OSC 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 OSC, consistent With Sections 300.120 and 300.125 of
the NCP, 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 shall
be predesignated by the Regional or district head of the lead
agency.
The first Federal official affiliated with an NRT member
agency to arrive at the scene of a discharge or release should
coordinate activities under the ACP and is authorized to
initiate, in consultation with the OSC, any necessary actions
normally carried out by the OSC until the arrival of the
predesignated OSC. This official may initiate Federal Fund-
financed actions only as authorized by the OSC or, if the OSC
is unavailable, the authorized representative of the lead
agency.
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; the 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 OSCs 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. However, state and local governments are not
authorized to take actions under Subparts D and E of the NCP
that involve expenditures of CWA Section 311(k) or CERCLA
funds, unless an appropriate contract or cooperative agreement
has been established.
The OSC should consult regularly with the RRT in carrying
out the NCP and ACP and keep the RRT informed of activities
under the NCP and ACP.
The OSC shall.advise the support agency as promptly as
possible of reported releases.
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The OSC shall immediately notify FEMA of situations
potentially requiring evacuation, temporary housing, or
permanent relocation. In addition, the OSC shall evaluate
incoming information and immediately advise FEMA of potential
major disaster situations.
In those instances where a possible public health
emergency exists, the OSC should notify the HHS representative
to the 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 vessels and facilities under their jurisdiction. All
Federal agencies, therefore, are responsible for designating
the office that coordinates response to such incidents in
accordance with the NCP and applicable Federal regulations and
guidelines.
The OSC shall promptly notify the trustees for natural
resources of discharges or releases that are injuring or may
injure natural resources under their jurisdiction. The OSC
shall seek to coordinate all response activities with the
natural resource trustees.
Where the OSC becomes aware that a discharge or release
may adversely affect any endangered or threatened species, or
result in destruction or adverse modification of the habitat
of such species, the OSC should consult with the DOI or DOC
(NOAA).
The OSC is responsible for addressing worker health and
safety concerns at a response scene, in accordance with
Section 300.150 of the NCP.
The OSC shall submit pollution reports to the RRT and
other appropriate agencies as significant developments occur
during response actions, through communications networks or
procedures agreed to by the RRT and covered in the RCP.
OSCs should ensure that all appropriate public and
private interests are kept informed and that their concerns
are considered throughout a response, to the extent
practicable, consistent with the requirements of Section
300.155 of the NCP.
The OSC should ensure that response operations are
consistent with Section 300.135 of the NCP.
J. MULTI-AREA RESPONSES
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In the event that an actual or threatened discharge or
release moves from the area covered by one area contingency
plan into another area, the authority to initiate pollution
control actions shall likewise shift. In the event that an
actual or potential incident affects areas covered by two or
more area plans, the response mechanisms called for by both
plans shall be activated. There shall be only one OSC at any
time during the course of a response operation. Should a
discharge or release affect two or more areas, the lead agency
shall give prime consideration to the area vulnerable to the
greatest threat, in determining which agency should provide
the OSC. If there is disagreement as to the area most
impacted or vulnerable, then the RRT will decide who the OSC
should be.
The NRT will be notified in the event of a discharge
which transcends regional boundaries and if necessary, the NRT
will be activated to support the predesignated OSC in
coordination of cleanup efforts, personnel and equipment in
the affected regions.
K. SPECIAL FORCES AND OTHER ASSISTANCE AVAILABLE TO OSCs
Aaencv for Toxic Substances and Disease Registry
The Agency for Toxic Substances and Disease Registry
(ATSDR) maintains appropriate disease/exposure registries,
provides medical care and testing of individuals during public
health emergencies, develops, maintains, and informs the
public concerning the effects of toxic substances, maintains
a list of restricted or closed areas due to contamination,
conducts research examining the relationship between exposure
and illness, and conducts health assessments at contaminated
sites. The ATSDR also assists the EPA in identifying most
hazardous substances at CERCLA sites, develops guidelines for
toxicological profiles of hazardous substances, and develops
educational materials related to the health effects of toxic
substances. ATSDR resources are an important tool for the OSC
to use in assessing the possible effects of an environmental
emergency on the public's health. A response team consisting
of an emergency response coordinator, toxicologist, chemist,
physician, and an environmental health scientist will be made
available within twenty minutes of the call.
ATSDR will address a number of health issues including
health team coordination, contingency planning,
decontamination procedures, first aid/medical treatment
protocols, public affairs, health threat assessment sampling
plans, worker safety and health, evacuation/reentry
consultation, exposure pathway assessment* and health
information. ATSDR is located in Atlanta, 6A, and may be
contacted 24 hrs. a day at (404) 639-0615.
CHEMTREC (CHEMICAL TRANSPORTATION EMERGENCY CENTER!
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CHEMTREC provides information to organizations that are
involved in chemical or hazardous material emergencies. It is
a public service of the Chemical Manufacturers Association
located in Washington, DC. CHEMTREC can be contacted
toll-free at (800) 424-9300 and will provide immediate advice
on the nature of the product and recommended steps for
handling the early states of the problem. In addition to
providing information from their ovn database, CHEMTREC will
contact other resources for assistance:
a. The shipper of the material involved can give more
detailed information and appropriate follow-up, including
on-scene assistance when feasible.
b. The Chlorine Emergency Plan (CHLOREP),. a network of
chlorine manufacturers who will respond to incidents
involving another producers product.
c. The Pesticide Safety Team Network (PSTN), a network of
some 40 emergency teams distributed throughout the
country.
d. Special networks that can provide assistance when an
emergency occurs with vinyl chloride or hydrogen cyanide.
The Chemicsl Response Network (CHEMNET) is a chemical
response network, activated by CHEMTREC, that is organized to
respond to chemical spills involving transportation incidents,
mishaps, and accidents. Membership in CHEMNET consists of
chemical companies across the U. S. If the
shipper/transporter response is not adequate, CHEMNET will be
activated. If the local CHEMNET member cannot respond, then
a CHEMNET contractor will be activated to respond.
c/o Chemical Manufacturers Association
2501 M street, N.ff.
Washington, D.C. 20037 (24hrs) (800) 424-9300
Department of the Interior (DPI) fUSFWS and USGS1
There are numerous agencies within the DOI that the OSC
coordinates with during an incident response, as shown in 40
CFR 300.23(b) (7). The two primary agencies are the U. S. Fish
& Wildlife Service and the U. S. Geological Survey. The POC
in the DOI is Don Henne, who can be contacted during the day
at (215) 597-5378 or during the evening through the MSO
Command Duty Officer.
u. s. Fish & Wildlife Service (USFWS)
A detailed description of the roles and responsibilities
of the USFWS can be found in the U.S. Fish and Wildlife
Service Response Plan for the Discharge of Oil and Hazardous
Substances. Region 5 (December 1992). The USFWS can provide
the OSC information on the location of migratory birds,
endangered species, and wildlife habitats. They deal with
problems such as dispersal of birds and coordination of
wildlife habitats. They also manage and can provide
information on wildlife refuges within the region. The USFWS
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can assist the osc in other aspects of response, such as
shoreline assessments, compiling background information on and
developing criteria for countermeasures use, assessing spill
impacts, and developing restoration plans. USFWS involvement
is determined on a case by case basis. The Point of Contact
(POC) is Don Henne.
U. S. Geological Survey (USGS)
The USGS can provide expert advice in geology,
geochemical data, groundwater hydrology, and ground and
surface water data.
Department of Justice fDOJ)
The DOJ can provide advice on complicated legal questions
arising from discharges or releases, and federal agency
responses. In addition, the DOJ represents the federal
government, including its agencies, in litigation relating to
such discharges or releases. Other legal issues or questions
shall be directed to the federal agency counsel for the agency
providing the OSC/RPM. for the response.
Department of Labor (POL)
OSHA Occupational Safety and Health Administration (OSHA)
OSHA will provide the OSC with advice, guidance, and
assistance regarding hazards to personnel involved in removal
or control of oil discharges and hazardous substance releases,
and in the precautions necessary to prevent hazards to their
health and safety. Typically, they do not need to be called
except where specific guidance is needed. They will usually
respond to large or lengthy response efforts involving many
people, where they will make their own determinations about
on-scene safety precautions and make recommendations directly
to the OSC. The liaison with OSHA is Dr. John Barry,
Technical Director in the Philadelphia area. He can be
contacted during the day at (215) 596-1201.
Environmental Monitoring and Support (EMS) Laboratory
EMS Laboratory located in Las Vegas, NV, can provide
rapid aerial color or colbr reversal photography. These
photos can be taken within 12 to 24 hours of contacting the
EMS Laboratory. A full briefing can be provided by their
assigned on-scene project officer 24 to 30 hours after the
overflight. The photography can aid the OSC in environmental
damage assessment, response scope planning, and response
effectiveness, similar rapid service is available for night
mapping using thermal IR scanners.
Environmental Photographic Interpretation Center fEPlcl
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EPIC can provide excellent low level, high resolution
aerial color photography. Services can be arranged through
EPA Region III within 24 hours.
EPA Emergency Response Cleanup Services Contracts (ERCS)
4
ERCS contracting network nay be used by the OSC to
provide support for all federally funded emergency cleanup
operations on oil and hazardous substance releases. The ERCS
contractor operates 24 hours a day, seven days a week to
accept and implement delivery orders needed to maintain
response capabilities including trained personnel and
equipment to control, stabilize, cleanup, and subcontract
transportation and waste disposal.
EPA Technical Assistance Teams (TAT)
TAT provides technical expertise for response to oil and
hazardous substance incidents. The team has personnel trained
in health and safety, multimedia field monitoring and
sampling, incident documentation, cost monitoring, cleanup
restoration, and disposal techniques during .oil and hazardous
substance incidents. TAT can also conduct initial response
cleanups limited to $1000.00 in cost.
Environmental Response Team (ERT)
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; advice to the OSC in
hazards evaluation; risk assessment; a 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 assessments; 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 the Edison, New Jersey office. The 24-hour
phone number for ERT is (908) 321-6660.
Federal Eaeroencv Management Agency (FEMAV
Executive Order 12316 delegated to FEMA the
responsibility for temporary emergency evacuation and
housing of individuals threatened by a hazardous substance
release, and permanent relocation of residents, businesses,
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and community facilities under CERCLA activation, if needed.
FEMA also assists state and local organizations by providing
training and funding for emergency management, contingency
planning, and exercises.
FEMA is located at 105 South 7th Street (2nd floor),
Philadelphia, PA. To activate a response, call the Regional
Emergency Information Coordinating Center, located in
Washington, D.C. at (202) 646-2400. The liaison with FEMA
is Darrel Hammons. FEMAH.Q. is located at 500 MCN Street
S.W. Washington, D.C. 20472.
Hazardous Materials Response Team (HAZMAT Team)
NOAA's HAZMAT Team provides information and field
support to the coastal SSC. In addition to SSC
responsibilities above, they also have the capability to:
a. Conduct air and marine sampling and analysis;
b. Advise on sampling instruments and requirements;
c. Advise on personnel safety precautions;
d. Respond to requests for scientific studies; and
e. Assist public relations efforts on scientific issues.
The HAZMAT Team can be contacted through the Regional
SSC or directly through a 24-hour paging service at
(206) 526-6317.
Local Government
In many cases, local government agencies have a
genuine interest and can provide valuable local expertise
during a pollution response. Local government involvement
should be coordinated with the state government and the OSC.
Local governments have Emergency Operations Centers which
are either permanently staffed or use volunteers. Their
areas of expertise are:
a. Local geographic information;
b. Knowledge of local infrastructure systems;
c. Local media/public relations;
d. Socioeconomic issues;
e. Local access and evacuation;
f. Fire fighting and law enforcement manpower;
g. Emergency medical assistance; and
h. Logistical assistance.
Marine Salvage Operations
For marine salvage operations, OSCs with responsibility
for monitoring, evaluating, or supervising these activities
should request technical assistance from DOD, the Strike
Teams, or commercial salvers as necessary to ensure that
proper actions are taken. Marine salvage operations
generally fall into five categories: afloat salvage;
offshore salvage; river and harbor clearance; cargo salvage;
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and rescue towing. Each category requires different
knowledge and specialized equipment. The complexity of such
operations may be further compounded by local environmental
and geographic conditions. The nature of marine salvage and
the conditions under which it occurs combine to make such
operations imprecise, difficult, hazardous, and expensive.
Thus, responsible parties or other persons attempting to
perform such operations without adequate knowledge,
equipment, and experience could aggravate, rather than
relieve, the situation.
National Response Center (NRC)
The NRC is the 24-hour communications center of the
National Response Team. , It is located at Coast Guard
Headquarters in Washington, b.C. The NRC receives telephone
reports of oil spills and chemical releases nationwide
through its toll free number, (800) 424-8802, and
immediately relays them to the predesignated Federal
On-Scene Coordinator for appropriate action. It will also
channel OSC and RRT reports to the NRT, when necessary. The
NRC has the PIAT watchlist and can. perform spill forecasts
using HACS and CAMEO when needed.
The NRC has access to two chemical computer programs to
provide information to the 0$C about hazardous substances
and the probable effect of the discharge upon the
environment: USCG Hazard Assessment Computer System (HACS)
and the Office of Hazardous Materials Technical Assistance
Data Systems (OHMTADS). NRC is the first point of contact
for Headquarters level support, such as PIAT.
Public Information Assist Team (FIAT)
The Public Information Assist Team (PIAT) is an element
of the NSFCC staff which is available to assist OSCs to meet
the demands for public information during a response or
exercise. Its use is encouraged any time the OSC requires
outside public affairs support. Requests for PIAT
assistance may be made through the NSFCC or NRC.
Radiological Emergency Response Team (RERT)
Radiological Emergency Response Teams (RERTs) have been
established by EPA's Office of Radiation Programs (ORP) to
provide response and support for incidents or sites
containing radiological hazards. Expertise is available in
radiation monitoring, radionuclide analysis, radiation .
health physics, and risk assessment. RERT can provide on-
site support including mobile monitoring laboratories for
field analyses of samples and fixed laboratories for
radiochemical sampling and analyses. Requests for support
may be made 24 hours a day via the NRC or directly to the
EPA Radiological Response Coordinator in the EPA Office of
Radiation Programs. Assistance is also available from DOE
and other Federal agencies.
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Scientific Support Coordinator (SSC)
NOAA Scientific Support Coordinators (SSCs) may be
designated by the OSC (and RPM in the case of EPA SSCs) as
the principal advisors for scientific issues, communication
with the scientific community, and coordination of requests
for assistance from state and federal agencies regarding
scientific studies. The SSC strives for a consensus on
scientific issues affecting the response/ but ensures that
differing opinions within the community are communicated to
the QSC/RPM.
During a response, the SSC serves on the federal
OSC's/RPM's staff and may, at the request of the OSC/RPM,
'lead the scientific team and be responsible for providing
scientific support for operational decisions and for
coordinating on-scene scientific activity. Depending on the
nature and location of the incident, the SSC integrates
expertise from governmental agencies, universities,
community representatives, and industry to assist the
OSC/RPM in evaluating the hazards and potential effects of
releases and in developing response strategies.
Generally, SSCs are provided by NOAA in coastal zones,
and by EPA in the inland zone. The OSC can obtain NOAA SSC
assistance 24 hours a day by directly contacting the SSC
Headquarters at (206) 526-6317, or by contacting the
Regional SSC directly. The predesignated Regional SSC for
this area and primary contact for all NOAA services is Mr.
Ed Levine, who can be contacted at (212) 668-6428.
. NOAA SSCs are assigned to USCG Districts and are
supported by a scientific support team that includes
expertise in environmental chemistry, oil Slick tracking,
pollutant transport modeling, natural resources at risk,
environmental tradeoffs of countermeasures and cleanup, and
information management.
SSCs support the Regional Response Teams and the Area
Committees in preparing regional and area contingency plans
and in conducting spill training and exercises. For area
plans, the SSC provides leadership for the synthesis and
integration of environmental information required for spill
response decisions in support of the OSC.
State Government
Designated state agencies shall receive appropriate
notification of la pollution incident in accordance with
Sections 300.300 and 405 of the NCP. State assistance can
be invaluable during a major or medium incident in the areas
of logistics, access, evacuation control, coordination with
local agencies, environmental and geographic expertise,
media/public relations, compliance with state statutes, and
disposal of recovered material.
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Each state has both emergency management and
environmental response agencies. The emergency management
agencies coordinate the spill's impact on their state's
constituents. These agencies represent a direct line to
their state governor and state emergency response forces;
each has a sophisticated operations/communications center.
The environmental response agencies provide response
assistance, impact assessments, hazard evaluations, and
information and advice concerning wildlife and fisheries.
DC AWAITING INPUT FROM THE STATE
DE Delaware Emergency Management Agency
Department of Natural Resources and Environmental
Control
MD Maryland Emergency Management Administration
Maryland Department of the Environment
PA Pennsylvania Emergency Management Agency
Pennsylvania Department of Environmental Resources
VA Virginia Department of Emergency Services
Virginia Department of Environmental Quality
wv West Virginia Department of Environmental
Protection
State resources and special forces are available to the
OSC through the state representative. This enables
efficient access to all state resources by the OSC and frees
the OSC from the coordination and authorization problems
that would otherwise be encountered. The state
representative is responsible for State input to the OSC.
USCG District Response Group and District Response Advisory
Team
The District Response Group (DRG) is a framework within
each Coast Guard district that organizes district resources
and assets to support USCG OSCs during a response to a
pollution incident, coast Guard DRGs assist the OSC by
providing technical assistance, personnel, and equipment,
including the Coast Guard's prepositioned equipment. Each
DRG consists of all Coast Guard personnel and equipment in
its district, including fire fighting equipment, additional
prepositioned equipment, and a District Response Advisory
Team (DRAT) that is available to provide support to the OSC
in the event that a spill exceeds local response
capabilities. Support from the DRG or DRAT must be obtained
through the FOSC.
The National Pollution Funds Center (NPFC) is
responsible for implementing those portions of the OPA that
have been delegated to the USCG. The NPFC is responsible
for addressing funding issues arising from discharges and
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threats of discharges of oil. The phone number for the NPFC
is (703) 235-4756.
uses National strike Force YNSD
The USCG National Strike Force Coordination Center,
located in Elizabeth City, North Carolina, coordinates the
three Coast Guard Strike Teams (Atlantic, Gulf and Pacific).
The three Strike Teams provide trained personnel and
specialized equipment to assist the OSC in training for
spill response, stabilizing and containing the spill, and in
monitoring or directing the response actions of the
responsible parties and/or contractors. The OSC has a
specific team designated for initial contact and may contact
that team directly for any assistance. The NSFCC can provide
the following support to the OSC:
Technical assistance, equipment and other resources to
augment the OSC staff during a spill response;
Assistance in coordinating the use of private and
public resources in support of the OSC during a
response to, or a threat of, a worst case discharge of
oil or hazardous substance;
— Review of the Area Contingency Plan, including an
evaluation of equipment readiness and coordination
among responsible public agencies and private
organizations;
Assistance in locating spill response resources for
both response and planning, using the NSFCCs national
and international computerized inventory of spill
response resources; .
Coordination and evaluation of pollution response
exercises; and
— Inspection of district prepositioned pollution response
equipment.
.. The strike teams are equipped with specialized
containment and removal, equipment and have rapid
transportation (i.e. aircraft, trucks) available or at their
disposal.
Strike Teams can provide communications support,
advice, and assistance for oil and hazardous substances
removal. These teams also have knowledge of shipboard
damage control and are equipped with specialized containment
and removal equipment. When possible, the Strike Teams will
provide training for emergency task forces to support OSCs
and assist in the development of RCPs and ACPs.
Each 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.
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UtSi WAVY
The U.S. Navy (USN) is the Federal agency most
knowledgeable and experienced in ship salvage, shipboard
damage control, and diving. The USN has an extensive array
of specialized equipment and personnel available for use in
these areas as veil as specialized containment, collection,
and removal equipment specifically designed for salvage
related and open sea pollution incidents.
The Supervisor of salvage (SUPSALV) can provide salvage
expertise and maintains a warehouse on each coast stockpiled
with salvage and response gear. (See NSFCC Spill Response
Resource Inventory for a listing of SUPSALV
equipment.)
Navy Superintendent of Salvage
As stated in the NCP, SUPSALV is the primary federal
resource for marine salvage operations* SUPSALV is located
at Cheatham Annex outside of Williamsburg, VA, and maintains
an inventory of ready cleanup equipment. In the event of a
medium or major spill, they can provide pollution response
equipment within 14 hours.
The SUPSALV pollution control equipment, complete with
operators and maintenance support, is available to Federal
On-Scene Coordinators on a cost reimbursable basis. Either
the responsible party or the OSC can fund SUPSALV
operations. Formal reijuests for SUPSALV assistance must be
made through the Chief of Naval Operations, Navy Command
Center, Washington, DC.
SUPSALV can also provide the OSC with phone
consultations, evaluations of proposed salvage plans, and
salvage engineers available for dispatch to the scene upon
request. SUPSALV requires two to six hours to mobilize
their equipment. None of the equipment will be flown in for
operations. All of the equipment will be trucked in by
highway and will take approximately 8 hours, once mobilized,
to arrive on scene. SUPSALV is prepared to provide
personnel and equipment which are as self-supporting as
transportation permits; however, some support elements must
be provided from local resources.
SUPSALV may be contacted as follows:
a. For information and informal "heads up" notification:
24 Hours (NAVSEA Duty Officer): (703) 602-7527/7528
b. For official requests for mobilization and response:
24 Hours (CNO Duty Captain): (703) 695-0231
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Early "heads up" calls are encouraged, appreciated, and
valuable, even if the extent of the response has not yet
been determined, and especially if there is a chance that,
mobilization will be needed later.
Non-Navy requests for emergency assistance should be
directed through the RRT in accordance with the NCP. U. S.
Coast Guard requests can be initiated directly in accordance
with the Navy/Coast Guard MOU found in volume X of the Coast
Guard Marine Safety Manual.
L. WORKER HEALTH AND SAFETY
Response actions under the ACP will comply with the
provisions for response action worker safety and health in
29 CFR 1910.120. All personnel entering the response scene
must have completed training requirements for hazardous
waste site work in accordance with 29 CFR 1910.120.
In a response action taken by a responsible party, the
responsible party must assure that an occupational safety
and health (OSH) program consistent with 29 CFR 1910.120 is
made available for the protection of workers at the response
site.
In a response taken under the ACP by a lead agency, an
OSH program should be made available for the protection of
workers at the response site, consistent with, and to the
extent required by, 29 CFR 1910.120. Contracts relating to
a response action under the ACP should contain assurances
that the contractor at the response site will comply with
this program and with any applicable provisions of the OSH
Act (OSHA) and State OSH laws.
When a State or political subdivision of a State, ,
without an OSHA-approved state plan, is the lead agency for
response, the State or political subdivision must comply
with standards in 40 CFR Part 311, promulgated by EPA
pursuant to section 126(f) of SARA.
The State is the lead OSHA representative in Virginia
and Maryland. Pennsylvania, Delaware, West Virginia and the
District of Columbia are under Federal plans.
Requirements, standards, and regulations of the
Occupational Safety and Health-Act of 1970 (29 U.S.C. 651 et
seq.)(6SH Act) and of State laws with plans approved under
section 18 of the OSH Act (State OSH laws), not. directly
referenced in paragraphs (a) through (d) of this section,
must be complied with where applicable. Federal OSH Act
requirements include, among other things, Construction
Standards (29 CFR Part 1926), General Industry Standards (29
CFR Part 1910), and the general duty requirement of section
5(a)(1) of the OSH Act (29 U.S.C. 654(a)(1)). No action by
the lead agency with respect to response activities under
the ACP constitutes an exercise of statutory authority
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within the meaning of section (b)(1) of the OSH Act. All
governmental agencies and private employers are directly
responsible for the health and safety of their own
employees.
Health and safety limitations shall apply during
Incident Command System emergencies.
M. PUBLIC INFORMATION AND COMMUNITY RELATIONS
During an incident, it is imperative to give the public
prompt and accurate information on the nature of the
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 the OSC or lead
agency, a Joint Information Coordination Center (JICC) shall
be established or a person designated to coordinate this
effort.
EPA OSCs should coordinate all community and media
concerns with the EPA Office of Public Affairs (OPA). The
guidelines used by the OPA at emergency response sites are
included in Community Relations in Superfund: A Handbook,
September 1983, Interim Version*
Coast Guard OSCs shall coordinate all community and
media concerns in accordance with the appropriate district
Standard Operating Procedures (SOP).
At a major spill incident, state and local officials
shall coordinate community relations consistent with the
JICC policy of the RRT. At a medium or minor spill,
establishment of a JICC shall be at the discretion of the
state and local officials.
The Public Information Assist Team (PIAT) is available
to assist any Coast Guard or EPA OSC as well as any Coast
Guard Public Affairs Office.
N. DOCUMENTATION AND COST RECOVERY
Section 300.58 of the 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 the ACP and to form the basis
for cost recovery. In general, documentation shall be
sufficient to provide the source and circumstances of
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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 when 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 the RRT, and
others as appropriate.
0. OSC REPORTS
{RESERVED}
P. FEDERAL AGENCY PARTICIPATION
Federal agencies listed in the NCP at 40 CFR 300.175
have duties established by statute, executive order, or
Presidential directive which may apply to Federal response
actions following, or in prevention of, the discharge of oil
or release of a hazardous substance, pollutant, or
contaminant. Federal agencies may be called upon by an OSC
during response planning and implementation to provide
assistance in their respective areas of expertise. Refer to
the NCP at 40 CFR Sections 300.170 and 300.175 for a
description of agency capabilities and authorities.
Under OPA Section 4201(b), the United States Fish and
Wildlife Service (USFWS) and the National Oceanic and
Atmospheric Administration (NOAA) also have duties with
respect to Federal response actions following, or in
prevention of, discharges of oil or releases of hazardous
substances. These two agencies, and other interested
parties (including State fish and wildlife conservation
officials), should be consulted in the preparation of a fish
and wildlife response plan.
Q. STATE AND LOCAL PARTICIPATION IN RESPONSE
The NCP at 40 CFR 300.180 describes generally State and
local participation in response. Appropriate local and
State officials will be identified and participate as part
of the response structure as provided in Volume II of the
ACP under "Organization".
Virginia - state and Local Participation
The extent of response taken in a hazardous materials
emergency is contingent upon the severity and the magnitude
of the situation. In incidents when the RRT is activated,
DES will provide a representative to the RRT to represent
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the state except for spills into Virginia waters, in which
case the representative will be provided by the Department
of Environmental Quality (DEQ). When a report of a
hazardous materials incident is received, local government
will assess the situation and take steps necessary to
provide public warning, initiate protective actions, and
seal off the general area affected.
When local government is unable to provide adequate on-
site emergency response to control the hazardous materials
incident/accident or if technical advice/assistance is
required, the Virginia Emergency Operations Center (VAEOC)
is to be notified. The VAEOC will contact a DES Hazardous
Materials Officer who will be responsible for providing the
required assistance. In the event of an oil spill, the
Department of Environmental Quality will respond if
assistance is requested toy the locality or if a spill
impacts or threatens state waters.
If federal assistance is required, DES will provide a
State On-Scene Coordinator (SOSC) to work with the FOSC for
hazardous materials. VA DEQ will provide an SOSC for oil
spills to manage overall response and coordination
activities. The local emergency services
director/coordinator will appoint an LOSC to interface with
the FOSC and SOSC. Local emergency services will be
expected to be available to assist federal/state resources
in the resolution of the situation.
Pennsylvania - State and Local Participation
It is the county or local municipality's
responsibility, within their capabilities and resources, to
assume control and provide the necessary response for the
cleanup if the spiller is unwilling or unable to clean up
the spill. County and local municipalities should establish
an appropriate response organization with pre-designated
personnel functions and assignments, and secure response
resources. County and local municipal authorities should
pre-designate the agency and personnel which should be on
scene during responses. When county or local municipal
authorities assume control of an incident, they should
initiate the response and seek whatever funding sources are
available.
County or local authorities will remain in control of
the incident until such authorities determine the incident
is beyond their capabilities and request assistance from the
Commonwealth. This request should be made to the
Pennsylvania Emergency Management Agency (PEMA). .PEMA will
evaluate the situation and determine which Commonwealth
agencies should be activated. When DER assumeis control, the
county or local authorities should remain on scene to assist
DER for the duration of the clean up. When the DER is not
the lead agency, a DER representative may be sent to the
scene to monitor activities.
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Maryland - State and Local Participation
The Maryland Department of the Environment, Emergency
Response Division, maintains a 24-hour phone hotline and
will respond to any release within the State that threatens
public health or the environment. In most cases, the
Response Division will provide technical assistance and any
needed equipment to the incident fire commander who will be
in charge.
Response personnel will attempt to get the responsible
party to hire a contractor and assume responsibility for the
clean-up. At those incidents where there is no responsible
party or where the responsible party refuses to take
corrective action, response personnel can hire a contractor
by accessing the State's Hazardous Substance Control Fund.
Oversight of the clean-up will be provided by agency
personnel.
At those incidents that exceed the capabilities of the
State and local government, the State will request federal
assistance and assume a supportive role to the unified
command and the federal OSC.
Delaware - State and Local Participation
The basic assumption of Delaware hazardous substance
response system is that the local fire department wili be
the first responder to a hazardous substance incident. Upon
arrival to the majority of incidents the fire officer in
charge will initiate a response from DE DNREC and the
Delaware State Fire School (DSFS). Both agencies provide
support to the fire officer. The DE DNREC is responsible
for scientific assessment and coordination relating to the
incident, site safety, spill control, cleanup and disposal.
If the party responsible for the release is unknown, refuses
or is unable to take appropriate action, DE DNREC will take
the necessary actions. In the absence of a fire officer in
charge, the DE DNREC can initiate this and/or higher levels
of state response.
If the incident is beyond the capabilities of Delaware,
the DNREC will request assistance from the EPA and
coordinate and support response activities. During the
highest response level under the Delaware Oil and Hazardous
Substance Incident Contingency Plan the DEMA serves as the
coordinator with EPA*
West Virginia - State and Local Participation
On oil spills, it is the States responsibility to
ensure the spill is adequately contained and cleaned up.
Local authorities are rarely involved. Their involvement is
primarily notification to the State response personnel and
support assistance at the scene. If the state responders
determine the spill to be beyond their capabilities or the
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responsible party is not responding to the spill in a
responsible fashion, or cannot be determined the state would
request Federal assistance.
Local Fire Chiefs are normally in charge at the scene
of a hazardous spill. The state Hazmat teams respond to all
significant releases and work in conjunction with local
authorities.
District of Columbia - State and Local Participation
Resources of the D.C. Fire & Emergency Medical Services
Department and its Hazardous Materials Response Unit will be
deployed ih response to an oil spill, along with the Fire
Boat and the Harbor Patrol of the Metropolitan Police
Department if the incident is on the waterways. If the
spill is a minor one, local resources will be sufficient for
mitigation and cleanup, including the Fire Department, the
Environmental Regulation Administration of the D.C.
Department of Consumer and Regulatory Affairs and the
responsible party. Metropolitan Police Department,
Department of Public Works and the Office of Emergency
Preparedness also might be required on scene, at the request
of the Incident Commander.
Additional local assistance may be required by the
Incident Commander if the incident is more serious in
nature. The National Capital Poison Control Center, the Red
Cross and/or Salvation Army and Federal City REACT might be
called upon for advice and services, as might CHEMTREC or
appropriate federal regional offices.
Should an evacuation be required, other agencies of the
District Government would be called upon, including the D.C.
Department of Human Services Commission on Social Services
for shelter support, the Commission on Mental Health
Services for counseling and the D.C. Department of
Recreation and Parks for transportation of evacuees and to
staff the shelter.
Should the incident exhaust the resources of the
Hazrdous Materials Unit, a fire department mutual aid
agreement with the surrounding jurisdictions in the
Metropolitan WEashington Region could be invoked. Resources
of the hazardous materilas response unit of the Naval
District of Washington also could be sought, as could those
of private oil or utility companies. The Office of
Emergency Preparedness would coordinate the procurement of
all additional local and federal resources.
Should it be the judgement of the Incident Commander
that the spill is of sufficient magnitude that federal
response assistance is required, the NRC will be called by
the Office of Emergency Preparedness and EPA Region III RRC
notified. From the time of the arrival of federal on-scene
authorities, the District will provide resources as
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requested in support of the response and a liaison officer,
and will participate in command decision making through the .
incident unified command structure.
R. NON-GOVERNMENTAL PARTICIPATION
This plan anticipates and encourages representation
from industry, landowners, volunteer groups, and other
stakeholders. Non-governmental participants will have an
ex-officio role in the Area Committee (see OPA, section
4202(a)).
There are several non-governmental entities that can
provide assistance during a pollution response action within
Region III. A listing of this information is provided in
Volume II, Section II of the ACP.
Industry groups, academic organizations, and others are
encouraged to commit resources for response operations.
Specific commitments should be listed in the ACP, RCP and
OSC contingency plans.
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ZZI. PLANNING AMD PRBPAREDNE88
Flow charts and diagrams of the descriptions of
planning and coordination structure, Federal contingency
plans, and Title III local emergency response plans are
located in the NCP. The Area Committee should be added to
the flow charts and diagrams where appropriate. The Area
Committee serves as a planning and preparedness body to
support the Federal OSC and is encouraged to include
membership from Federal, State, and local governments and
private entities (as ex-officio members). Area Committees
are not response support bodies, and are not required to
participate in response efforts, but should be comprised of
response personnel.
A. PLANNING AND COORDINATION STRUCTURE
1. National Response Team
As described in Section 300.110 of the NCP, the NRT is
responsible for national planning and coordination. The
NRT's .membership consists of 15 federal agencies with
responsibilities, interest and expertise in various aspects
of emergency response to pollution incidents. The EPA'
serves as chairman and the Coast Guard Serves as vice-
chairman of the NRT, except when activated for a specific
incident. The NRT is primarily a national planning, policy
and coordination body and does not respond directly to
incidents. The NRT provides policy guidance prior to an
incident and assistance as requested by an OSC via an RRT
during an incident. NRT assistance usually takes the form
of technical advice, access to additional
resources/equipment, or coordination with other RRTs.
2. Regional Response Team
As described in Section 300.115 of the NCP, the RRTs are
responsible for regional planning and coordination. There
are 13 RRTs, one for each of the ten federal regions and
Alaska, the Caribbean and the Pacific Basin. Each RRT has
Federal and State representation. EPA and the Coast Guard
co-chair the RRTs. Like the NRT, RRTs are planning, policy
and coordinating bodies, and do not respond directly to
incidents. The RRTs develop Regional Contingency Plans for
their regions. These plans address region specific issues
and provide guidance to the OSCs for developing their area
plans. The RRTs also provide one level of review for the
Area.Contingency Plans. The RRTs may be activated for
specific incidents when requested by the OSC. If the
assistance requested by an OSC exceeds an RRT's capability,
the RRT may request assistance from the NRT. During an
incident the RRT may either be alerted by telephone or
convened. The cognizant RRTs will also be consulted by the
OSC on the approval/disapproval of the use of chemical
countermeasures when that decision has not been preapproved.
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3. Area Committees
Section 4202(a) of OPA amends Section 311(j) of the CWA to
require that the Area Committee, under the direction of the
Federal OSC for its Area, shall be responsible for: (a)
preparing an Area Contingency Plan for its Area; (b) 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
(c) working with State and local officials to expedite
decisions for the use of dispersants and other mitigating
substances and devices.
The primary role of the Area Committee is to act as a
preparedness and planning body. Area committees are made up
of experienced environmental/response representatives from
Federal, State and local government agencies with definitive
responsibilities for the area's environmental integrity.
Each member is empowered by their own agency to make
decisions on behalf of the agency and to commit the agency
to carrying out roles and responsibilities as described in
this plan. The predesignated Federal On-Scene Coordinator
for the area will serve as chairman of the Committee.
He/she will designate the vice-chairman, select the
Committee members, and provide general direction and
guidance for the Committee. The OSC should solicit the
advice of the RRT to determine appropriate representatives
from federal and state agencies. The Area Committee is
encouraged to solicit advice, guidance, or expertise from
all appropriate sources and establish subcommittees as
necessary to accomplish the preparedness and planning tasks.
Subcommittee participants may include facility
owner/operators, shipping company representatives, cleanup
contractors, emergency response officials, marine pilots
associations, academia, environmental groups, consultants,
response organizations,, and concerned citizens. The OSC
will appoint the;subcommittee members. The OSC directs the
Area Committee's development and maintenance of the Area
Contingency Plan.
4. 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 is also to establish procedures for receiving and
processing requests from the public for information
generated by Title III reporting requirements and to
designate an official to serve as coordinator for
information. v- . .
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5. Local
As provided by section 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 emergency planning district and establish
procedures for receiving and processing requests from the
public for information generated by Title III reporting
requirements. The LEPC is to appoint a chair and establish
rules for the LEPC. The LEPC is to designate an official to
serve as coordinator for information.
B. FEDERAL CONTINGENCY PLANS
There are three, levels of Federal contingency plans:
the NCP, RCPs, and ACPS. These-plans are available for
inspection at EPA regional offices or USCG district offices.
Addresses and telephone numbers for these offices may be
found in the United States Government Manual, issued
annually, or in local telephone directories.
1. The National Contingency Plan
The purpose and objectives, authority, and scope of the
NCP are described in Section 300.1 through 300.3 of the NCP.
2. Regional Contingency Plans
The RRTs, working with the States, shall develop
Federal RCPS for each standard Federal region, Alaska,
Oceania in the Pacific, and the Caribbean to coordinate
timely/effective response by various Federal agencies and
other organizations to discharges of oil or releases of
hazardous substances, pollutants, or contaminants. RCPs
shall, as appropriate, include information on all useful
facilities and resources in the region, from government,
commercial, academic, and other sources. To the greatest
extent possible, RCPs shall fpilow the format of the NCP and
coordinate with State emergency response plans, ACPs
(described in Section 300.210(c) of the NCP), and Title III
local emergency response plans (described in Section 300.215
of the NCP). Such coordination should be accomplished by
working with the SERCs in the region covered by the RCP.
The RCP shall contain lines of demarcation between the
inland and coastal zones, as mutually agreed upon by USCG
and EPA.
3. Area Contingency Plans
In order to provide for a coordinated, effective
Federal, State, and local response, each OSC shall direct
the Area Committee to develop an ACP for response in the
Area. ACPs shall be developed for all Areas, because OSCs
in the designated Areas have responsibility for discharges
and releases, which often exceed the jurisdiction and
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capabilities of other responders. Boundaries for Areas are
determined by EPA Regional Administrators for the inland
zones. COTP areas are the Areas for the coastal zone.
Jurisdictional boundaries of local emergency planning
districts established by States, described in Section
300.205(c) of the NCP, shall, as appropriate, be considered
in determining geographical boundaries of the designated
Areas. The designated Areas may include several such local
emergency planning districts, or parts of such districts.
In developing the ACP, OSCs shall direct the Area Committees
to coordinate with SERCs and LEPCs in the affected Area.
The ACP shall provide for a well-coordinated response
that is integrated and compatible with all appropriate
response plans of State, local, and other non-Federal
entities, and especially with Title III local emergency
response plans, or in the Area Committee's area of
responsibility. The ACP shall, as appropriate, identify the
probable locations of discharges or releases; the available
resources to respond to multi-media incidents; where such
resources can be obtained; waste disposal methods and
facilities consistent with local and State plans developed
under the Solid Waste Disposal Act, 42 U.S.C. 6961 et seq.;
and a local structure for responding to discharges or
releases.
Hie Federal lead agency, EPA or USCG, shall
periodically conduct drills of removal capability, without
prior notice, in areas for which ACPs are required and under
relevant tank vessel and facility response plans. The
drills may include participation by Federal, State, and
local agencies, the owners and operators of vessels and
facilities in the area, and private industry.
ACPs should integrate approved vessels, offshore
facility, onshore facility, pipeline,, and bulk
transportation response plans. A detailed description of
the relationship between ACPs and these response plans is
provided in Volume II of the ACP Section II "Organizational
Framework".
C. TITLE III LOCAL EMERGENCY RESPONSE PLANS
The regulations that implement SARA Title III are
codified at 40 CFR Part 355.
Each LEPC is to prepare an emergency response plan in
accordance with section 303 of SARA Title III 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 III local emergency response plans
should be closely coordinated with applicable Area
contingency plans and State emergency response plans. To
assure coordination with the SARA Title III program, it is
recommended that the Area Committee include appropriate LEPC
or other Title III representation.
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D. RELATIONSHIP TO OTHER PLANS
UNDER DEVELOPMENT
E. PLANNING AND RESPONSE STRATEGY
This plan incorporates the general planning and
response strategy as outlined in the NCP and in the proposed
Vessel/Facility Response Plan regulations (Federal Register,
02/05/93). In order to accomplish the goal of providing an
action plan to respond to a discharge and to promote the
timely and effective coordination among the spill community
the area committee strategy focuses on four major elements:
prevention, notification, response, and feedback.
1. Prevention
The best protection of the public health and
Environment is through the prevention of a discharge or
release of oil or hazardous substances. Prevention requires
the assessment of operations relative to risk and an
identification of measures to reduce the risk of spills.
For a vessel, this would be a review of the routes that the
vessel takes on a normal basis, and should include
compliance with any applicable regulations on vessel
equipment and safety plus appropriate manning, training and
communications designed to reduce the risk of a spill. For
a facility, it would be an analysis of the most likely
points of a spill, as specifically determined by a hazard
and operability study and the implementation of programs
designed to reduce the identified risk.
2. Notification
It is universally accepted that the earlier equipment
arrives on-scene in an incident, the greater the capability
of containing and controlling the spill and initiating a
successful cleanup. An effective response requires the
immediate notification of the appropriate government
authorities and firsit responders. To assist facilities and
federal/state/local governments insure immediate
notification, refer to Volume II, Section II.F and Appendix
1 (Directory) for notification procedures and points of
contact.
3. Response
Immediate response requires firm contracts for
facility, shore, and on-water response capabilities sized to
the degree of risk; strategies to contain the oil, protect
environmentally and economically sensitive aretas, and to
remove and dispose of spilled oil; and clear and concise
instructions for response personnel to stabilize the
incident, and procedures for each step of the cleanup.
4. Feedback
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Learning from mistakes are hard lessons: To build an
effective and efficient response system requires the
responders to thoroughly critique the response, to identify
weaknesses and to recommend changes strengthening the
individual, or organization response capabilities. Training
is an important step toward broadening the response
organizations corporate experience.
F. OTHER PLANNING REQUIREMENTS
Facilities may be subject to multiple federal and state
planning requirements involving other regulations.
Therefore, it has been proposed that the ACP list other
planning requirements which may be similar or consistent
with those of OPA. The ACP supports the consolidation of
emergency response planning requirements into a single
facility response plan.
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OPERATIONAL RESPONSE PEASES TOR OIL REMOVAL
A. RESPONSE
The phases of operational response for oil, including:
(1) discovery and notification, (2) preliminary assessment
and initiation of action, (3) containment, couhtermeasures,
cleanup, and disposal, and (4) documentation and cost
recovery, are outlined in the NCP (see 40 CFR Sections
300.300-300.320). The relationship of the Federal agencies
(RRT) is described in the RCP. A detailed description of
the relationships between Federal, State, and local
responding organizations is detailed in Volume II of the
ACP.
The OPA 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
9
(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 the
discharge or to mitigate or prevent the threat of the
discharge.
B. 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 include 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 immediate
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 Response Plan is currently being
developed, but will be included as an appendix to Volume II
of the ACP.
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C. FUNDING
The OPA effectively permits many other Federal
agencies, the States and Indian Tribes access to the OSLTF
for a variety of purposes. The Fund can be used following
an incident for removal actions, natural resource issues,
and damages. Access to the Fund is partially governed by
section 6002 of the OPA. Local, State, tribal, or Federal
agencies may get funding for removal costs through the
Federal OSC or by submitting a claim.
There are six basic categories of recoverable damages:
(1) natural resource damages; (2) damages to real and
personal property, including the loss of such property; (3)
loss of subsistence use of natural resources; (4) loss of
tax and other revenues; (5) loss of profit or earning
capacity; and (6) increased cost of public services. Three
of these categories (natural resource damage, loss of tax
and revenue, and increased cost of public services) are
receivable only by governments.. The other categories are
receivable by private parties as well as by governments.
The NPFC may be accessed through the NRC, which is
responsible for implementing the Fund.
1. Liability Limitations
OPA sets limits of liability which apply to all removal
costs and damages sought under the Act. The limits may be
adjusted for inflation every 3 years based upon the consumer
price index. The limits set by OPA are:
• Tank vessels: $1,200 per gross ton; $10 million if
3,000 gross tons or greater; $2 million if less
than 3,000 gross tons;
• Any other vessel: $600 per gross ton or $500,000;
• Offshore facility except Deep Water Ports:
$75,000,000; and
• Onshore facility and Deep Water Port:
$350,000,000.
There are certain exceptions to these limits of
liability. The limits do not apply:
• If the incident was caused by gross negligence or
willful misconduct;
• If the incident was a result of a violation of
applicable Federal safety, construction, or
operating regulations; or
• If the responsible party fails to report the
incident, provide all reasonable cooperation and
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assistance required by a response official or
comply with an order issued by the Federal OSC.
In addition, OPA does not preempt State laws regarding
liability, so in areas where State lavs place a higher
limit, compensation for damages up to the liability limit
established by the State lav may be pursued.
2. State Access to the Fund
Coast Guard Commandant Instruction 16465.1 defines
documentation for enforcement and cost recovery under
Section 1012(d)(1) of the OPA (See Technical Operating
Procedures for State Access Under Section 1012(d)(1) of the
OPA, Enclosure (1) to NPFCINST 16451.1). Details of
requirements for documentation and cost recovery can be
found in Technical Operating Procedures for State Access.
OPA allovs State governors to request payments of up to
$250,000 from the OSLTF for removal costs required for the
immediate removal of a discharge, or the mitigation or
prevention of a substantial threat of a discharge, of oil.
Requests are made directly to the Federal OSC who will
determine eligibility. Folloving is a list of designated
State officials authorized to access the fund.
Charlie High, PADER
John Chlada, MDE
John Mohrman, DNREC
Richard Burton, VA DEQ
John C. Levis, D.C. OEP
West Virginia has not yet designated an authorized
official.
A Stat* that anticipates tht need to access the Fund must advisa tha
NPPC in writing of tha specific individual who is designated to make
requesta. Tha deaignation must include the pereon's nana, addreaa,
telephone number, and title or capacity in which employed.
3. Eligibility for State Access
The OSC vill determine vhether the State has the
ability to respond based on the criteria specified by the
NPFC. If the State is capable, the OSC vill contact the
USCG case officer to authorize access to the Fund. If the
OSC denies State access to the Fund, he/she vill detail the
reason for denying access (i.e., vhich of the criteria vere
not met by the State).
4. Required Recordkeeping
The State shall maintain records of expenditures of
fund monies including, but not limited to:
• Daily expenditures for each individual worker,
giving the individual's name, title or position,
PA -
MD -
DE -
VA -
DC -
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activity performed, tine on task, salary or hourly
rate, travel costs, per diem, out-of-pocket or
extraordinary expenses, and whether the individual
is normally available for oil spill removal.
• Equipment purchased or rented each day, with the
daily or hourly rate.
• Miscellaneous materials and expendables purchased
each day.
• Daily contractor or consultant fees, including
costs for their personnel and contractor-owned or
rented equipment, as well as that of any
subcontractor.
The State shall submit a copy of these records and a
summary document, statin? the total of all expenditures
made, to the NPFC within 30 days after completion of the
removal actions. A copy of these documents shall also be
submitted to the Federal OSC.
5. State Access to Other Funds
'In Maryland, a State Hazardous Substance Control Fund
has been established for the emergency removal or mitigation
of the effect of any controlled hazardous substance. The
fund may be accessed anytime by the on-scene inspector
through his Regional Chief, Administrator, or Director to
provide immediate contractor assistance. The fund usage is
limited to emergency action for the removal or mitigation of
the effect from an incident at the discretion of the
Regional Chief, Administrator or Director.
The Pennsylvania Department of Environmental Resources
administers the Clean Water Fund pursuant to the Clean
Streams Law, the Clean Air Fund pursuant to the Air
Pollution Control Act, and the Solid Waste Abatement Fund
pursuant to the Solid Waste Management Act. These funds are
primarily.to be utilized to remove threats or potential
threats of.pollutants to the environment or to the public
health, safety, or welfare.
In Virginia, the Virginia Petroleum Storage Tank Fund
(VPSTF) may be utilized to respond to a discharge of oil if
the responsible party is unknown, unwilling or unable to
conduct containment and cleanup. This fund is administered
by the Virginia Department of Environmental Quality. The
Virginia Environmental Emergency Response Fund (VEERF) is
also available to conduct containment and cleanup of a
product not subject to the definition of oil relating to the
VPSTF. This fund is also administered by the Virginia
Department of Environmental Quality.
In Delaware two funds have been established for use by
the Delaware Department of Natural Resources and
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Environmental Control. The first, the Hazardous
Waste/Groundwater Cleanup Revolving Fund, was established to
provide funds to investigate and address situations which
may cause groundwater contamination, or accidents which may
pose a significant threat to human health and/or the
environment. The second fund, the Hazardous Substance
Cleanup Fund, was established for a variety of activities
including emergency response actions to protect public
health, welfare and the environment.
The D.C. Department of Cbnsumer and Regulatory Affairs
will attempt to locate the owner/operator of the facility
responsible for the spill and inform him of his legal
responsibility to initiate immediate remedial measures,
including the cost of a cleanup contractor associated with
the release.
In certain conditions of imminent danger to public
health and the environment, if the owner/operator cannot be
located, or is unwilling or unable to take immediate action,
then DCRA will assume the cost of a cleanup contractor, in
accordance with D.C. Code Section 5-513 which allows the
Mayor to correct conditions violative of law, assess the
costs and attach a tax lien on the owner/oDerator in order
to recoup costs.
Additionally, thai Pesticides, Hazardous Waste and
Underground Storage Tank Division of the Environmental
Regulation Administration of the D.C. Department of Consumer
and Regulatory Affairs manages the District and federal
trust fund for cleaning releases from underground tanks.
AWAITING INPUT FROM WV.
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V. HAZARDOUS SUBSTANCE RESPONSE
A. GENERAL
The NCP (Subpart G, 300.400-300.435) establishes
methods and criteria for determining the appropriate extent
of response authorized by CERCLA and CWA Section 311(c).
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.
B. RESPONSE
The relationship of the Federal agencies (RRT) is
described in the RCP. A detailed description of the
relationships between Federal, State, and local responding
organizations is detailed in Volume II of the ACP.
In most instances, response personnel, equipment and
resources involved in oil response and in hazardous
substances response are the 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 may be addressed in the RCP
and in Volume II, Section II of the ACP.
For hazardous substance response only, see appropriate
Title III, SERC and LEPC HAZMAT response plans.
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STATS' AMD LOCAL INVOLVEMENT IN RESPONSE
A. GENERAL
Subpart F of the NCP addresses State involvement in
hazardous substance response and is incorporated herein by
reference.
Annex V of the RCP identifies commonwealth/state
participation in a response.
The Delaware Department of Natural Resources and
Environmental Control serves as the primary oil and
hazardous substance response agency in Delaware. Currently
the DE DNREC is developing a Level A response capability,
and is upgrading its response equipment inventory and staff
training. Further details are to be provided..
West Virginia is very capable of responding to Hazmat
releases in the highly industrialized counties, i.e., the
Kanawha Valley. The State's capabilities on responding to
oil spills are limited. The state oversees the cleanup of
all oil spills., They do not maintain equipment to
facilitate the cleanup, if an extreme emergency exists, the
State can contract out the cleanup equipment to
contain/control the spill. Most, if not all, counties have
emergency plans, as do some cities.
B. EPA/STATE/LOCAL MOA (MOU)
The Federal, State, and local MOAs (MOUs) may establish
the nature and extent of EPA and State and local interaction
during EPA-lead and State-or 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).
EPA/State Superfund Memorandum of Agreement (SMOA) is
discussed in the RCP (Subpart F, Section II). Refer to the
RCP Annex X for a listing and text of various memorandums of
understanding (MOUs) and interagency agreements (IAGs)
between RRT member agencies.
C. REQUIREMENTS FOR STATE INVOLVEMENT IN ENFORCEMENT
RESPONSES AND SITE REMEDY
Refer to RCP Subpart F Section IV for state involvement
in remedial and enforcement responses.
D. STATE INVOLVEMENT IN EPA/USCG-LEAD ENFORCEMENT
NEGOTIATIONS
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EPA/USCG shall notify States of response action
negotiations to be conducted by EPA/USCG with potentially
responsible parties during each fiscal year.
The State Bust notify EPA/USCG of such negotiations in
which it intends to participate.
The State is not foreclosed from signing a consent
decree if it does not participate substantially in the
negotiations.
E. STATE INVOLVEMENT IN REMOVAL ACTIONS
For Fund reimbursement, the State must fulfill
requirements established by the NPFC including PRP
determination and documentation requirements.
Refer to RCP Subpart F Section VI for a discussion of
State involvement in Removal Actions.
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VIZ. TRU8TBB8 FOR NATURAL RESOURCES
The OSC shall ensure that the trustees for natural
resources are promptly notified of discharges. The OSC
shall coordinate all response activities with the affected
natural resource trustees and shall consult with the
affected trustees on the appropriate removal action to be
taken. Where the OSC becomes aware that a discharge may
affect any endangered or threatened species, or their
habitat, the OSC shall consult with the appropriate natural
resource trustee.
A. DESIGNATION OF TRUSTEES
The President is required to designate in the NCP those
Federal officials who are to act on behalf of the public as
trustees for natural resources. Federal officials so
designated will act pursuant to Section 107(f) of CERCLA,
Section 311(f)(5) of the CWA, and Section 1006 of the OPA.
As defined in Section 1001 of the ,OPA/ natural resources
includes land, fish, wildlife, biota, air, water, ground
water, drinking water supplies, and other such resources
belonging to, managed by, held in trust by, appertaining to,
or otherwise controlled by the United States (including the
resources of the exclusive economic zone).
The following individuals shall be the designated
trustee(s) for general categories of natural resources: the
Secretary of Commerce; the Secretary of the Interior; the
Secretary for the land managing agency for natural resources
located on, over, or under land administered by the United
States (DOI, USDA, DOD, and DOE); and the head of authorized
agencies for the management or protection of natural
resources located in the United States but not otherwise
described in this section or in the NCP.
Section 300.60Q of the NCP designates the natural
resources for which each Federal trustee is responsible, and
is incorporated herein by reference.
Pursuant to Section 1006 of the OPA, the governor of
each State shall designate State ahd local officials who may
act on behalf of the public as trustee for natural resources
and shall notify the President of the designation.
Under Section 1006 of the OPA, the governing body of
any Indian tribe shall designate tribal officials who may
act on behalf of the tribe or its members as trustee for
natural resources and shall notify the President of the
designation.
The head of any foreign government may designate the
trustee who shall act on behalf of that government as
trustee for natural resources.
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B. FUNCTIONS OF TRUSTEES
Under Section 1006(c) of the OPA, natural resource
trustees shall:
• Assess natural resource damages for the natural
resources under their trusteeship; and
• Develop and implement a plan for the restoration,
rehabilitation, replacement,or acquisition of the
equivalent, of the natural resources under their
trusteeship.
In addition; the Federal trustees may, upon request of
and reimbursement from a State or Indian tribe and at the
Federal OSCs discretion, assess damages for the natural
resources under the State's or tribe's trusteeship.
Refer to RCP Subpart 6 for a discussion, of federal and
state trustees. Refer to Volume II, Appendix 1 for a list
of State Trustees.
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VIIX.PARTICIPATION BY OTHER PER80N8
NCP subpart H addresses participation by other persons
and is incorporated herein by reference.
Participation by private parties in both planning and
response is encouraged. PRPs are encouraged to undertake
response actions in ah adequate and timely manner, based on
the judgement of the FOSC.
Landowners are also encouraged to participate in
planning and response. The landowner is a valuable resource
due to his/her local knowledge. The landowner, to the
extent practical and based on the Federal OSC's judgment,
may be included in the planning and response activities,
under direction of the Federal OSC. 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 access to a
Federal OSC.
In addition, OPA authorizes filing of claims against
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.) is provided in Volume II of the ACP.
A listing of non-governmental participants can be found
in Annex VI of the RCP.
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IX. ADMINISTRATIVE RECORD FOR 8ELECTION 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.
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X. USB or DISPERSANTS AMD OTHER CHEMICALS
Subpart J of the NCP addresses the use of dispersants
and other chemical countermeasures, 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 the use of
dispersants and other mitigating substances and devices.
For convenience, the ACP collectively refers to dispersants
and other chemicals listed in Subpart J of the NCP, as
"chemical countermeasures".
A. CHEMICAL METHODS
The use of chemical agents is highly controlled and
requires specific approvals, as detailed below, prior to
use. Several factors must also be considered:
1. For chemicals to be effective, they must be applied as
soon as possible before the oil weathers.
2. The application of chemicals represents a very large
logistical undertaking in terms of physical
transportation of materials and equipment, application
efforts, training requirements, and cost. Logistics
support should be preconceived and staged.
3. The proper chemical must be chosen, taking the
following into consideration:
(a) The availability of the chemical;
(b) The effectiveness of that chemical on the type of
product spilled;
(c) The salinity of the water;
(d) Weather and sea conditions;
(e) Biogeochemical impacts of the chemical into the
environment;
(f) Political and public considerations;
(g) The desired chemical reaction; and
(h) The effect of that chemical reaction on other
on-going cleanup efforts.
B. TYPES OF CHEMICAL AGENTS
Collecting Agents (herder): Collecting agents are used
to prevent spread of the oil slicks and are applied at a
specific ratio to the size of the area impacted.
Dispersing .Agents: Dispersing agents may be used to
reduce toxic concentrations, accelerate biological
decomposition or reduce flammability of the product. They
are usually applied with a coarse spray and then agitated
with prop wash or fire hoses. Oil is not considered to be
recoverable once a dispersing agent is applied. The oil
will remain in the environment until bacteriological
degradation is complete. Dispersants are usually not 100%
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effective. The remaining oil may recoalesce and/or
resurface and require further action.
Sinking Agents: Sinking agents are chemicals used to
transport oil from the surface to the bottom. Because of
possible bottom contamination, the use of sinking agents is
prohibited.
Biological Agents: Biological agents are nutrients,
enzymes, microbiological additives introduced to the spjlll
site to expedite the biological degradation process.
Burning Agents: Burning agents improve the
combustibility of a spilled material. Sorbent materials are
usually treated and used as wick to maintain the burning
process. The introduction of lighter oil to improve
combustion is to be discouraged. Burning agents should be
used as a last resort.
Gelling Agents: Gelling agents are currently under
research and development. They chemically solidify the
pollutant to aid in recovery activities. Some pollutants
need to be heated in order to return them to their original
state.
C. CONCURRENCE NETWORK
Under guidelines set forth by Subpart H, Part 300, of
Title 40 Code of Federal Regulations, the OSC with the
concurrence of the cognizant EPA representative to the RRT
and the respective state environmental agency may authorize
the use of dispersants, chemical, or biological agents in
pollution removal operations.
The process for expediting decisions regarding the use
of dispersants and other chemical countermeasures on an Area
basis are identified in Volume II of the ACP, section IV
("countermeasures").
XX. FEDERAL FACILITIES
(RESERVED)
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