Canada-United States
Joint Inland Pollution
Contingency Plan
EN40-11/32-1994E
0-662-21604-0
EPA
Environment Environnement
Canada Canada
xvEPA
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TABLE OF CONTENTS
LETTER OF PROMULGATION 4
ABSTRACT 5
100 INTRODUCTION 7
101 Background 7
102 Purpose and Objectives 8
103 Scope 8
104 Abbreviations 9
105 Definitions 9
200 JOINT POLICY AND RESPONSIBILITIES
201 Joint Policy 12
202 Special Arrangements for Mutual Assistance 12
300 PLANNING AND RESPONSE ORGANIZATION
301 International Joint Advisory Team 13
302 Regional Joint Response Teams 13
303 Federal On-Scene Coordinator 16
304 Canada and United States Federal Agencies' Responsibilities 16
305 Coordination with Provincial, Territorial, Regional, State,
and Local Preparedness and Response 17
306 Coordination with Nongovernmental Groups 17
307 Technical Support Teams 18
400 RESPONSE OPERATIONS
401 Discovery and Alerting 18
402 Plan Activation 18
403 Response Procedures 19
404 Disposal 20
405 Plan Deactivation 20
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500 REPORTING REQUIREMENTS
501 Pollution Incident Reports 20
502 Post-Incident Reports 20
600 PUBLIC INFORMATION
601 Policy 20
602 Responsibilities 21
700 EXERCISING AND UPDATING THE PLAN 21
800 ADMINISTRATION
801 Custodians 22
802 Annex Guidelines 22
803 Amendments 22
900 APPENDICES
Appendix A - Suggested IJAT Member Agencies 24
Appendix B - Alerting Message 25
Appendix C - Activation Message 26
Appendix D - Deactivation Message 27
Appendix E - Guidelines for the Development of Regional Annexes 28
Appendix F - Annexes 30
LIST OF AMENDMENTS 31
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LETTER OF PROMULGATION
The Canada-United States Joint Inland Pollution Contingency Plan (the Inland Plan) provides for
co-operative measures for dealing with accidental and unauthorized releases of pollutants that cause
or may cause damage to the environment along the shared inland boundary and that may constitute
a threat to the public health, property, or welfare.
The Inland Plan will also allow for the provision of assistance in the event that only one country is
affected, but the incident is of sufficient magnitude to justify a request for assistance.
The Inland Plan is intended to complement the Canada-United States Joint Marine Pollution
Contingency Plan, which provides a joint response mechanism for any oil or "noxious" substance
pollution incident that threatens the waters or coastal areas of both countries.
The implementation and maintenance of the Inland Plan is the joint responsibility of the Department
of the Environment for Canada and the Environmental Protection Agency for the United States of
America.
Sheila Copps
Minister
Department of the Environment
for Canada
Date: July 25, 1994
Carol M. Browner
Administrator
Environmental Protection Agency
of the United States of America
Date: July 25, 1994
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Canada-United States
Joint Inland Pollution
Contingency Plan
ABSTRACT
Purpose and Objectives
The Canada-United States Joint Inland Pollution Contingency Plan (the Inland Plan) provides for a
cooperative mechanism for preparedness for and response to accidental and unauthorized spills and
releases of pollutants that cause or may cause damage to the environment along the shared inland
boundaries of both countries and that may constitute a threat to the public health, property, or welfare.
It also allows for the provision of assistance when only one country is affected, but the spill or release
is of such magnitude as to justify a request for assistance.
The purpose of the Inland Plan is to establish a coordinated and integrated federal response to polluting
incidents along the shared boundary through the provision of support and assistance to provincial,
territorial, regional, state, and subregional plans of both countries. This also includes all (U.S.)
federally recognized Indian tribes and all (Canada) First Nations. The Inland Plan provides for an
international coordination mechanism to ensure appropriate and effective cooperative preparedness,
reporting, and response measures between Canada and the United States.
Concept of Operations
The Inland Plan provides for an International Joint Advisory Team (IJAT) and Regional Joint Response Teams
(RJRTs). The IJAT is the policy and advisory body with overall responsibility for the maintenance,
promotion, and coordination of the Plan. The IJAT also provides advice and assistance to an RJRT. The
RJRT is the regional body responsible for providing advice and support to the federal On-Scene Coordinator
(FOSC). The Plan establishes alerting and notification procedures and management structure.
The Inland Plan divides the international boundary into five Regional planning areas and includes
Regional Annexes that define the jurisdiction, roles, and response procedures of regulatory and support
agencies within each planning area. The RJRTs are responsible for developing the respective
Annexes.
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The Inland Plan comes into effect when an accidental or unauthorized release of a pollutant causes or
could cause damage to the environment along the shared inland boundary and constitutes a threat to the
public health, property, or welfare. The Plan also comes into effect when only one country is affected
by a polluting incident but the incident is of sufficient magnitude to require assistance from the other
country. The FOSC provides advice, assistance, and support to the local, state, territorial, or
provincial incident commander during a polluting incident as required. However, if the polluting
incident is beyond the capabilities of the incident commander or if requested, the FOSC will assume
command of the polluting incident.
The polluter is and will always be responsible for the response to and cleanup of the polluting incident.
However, the Inland Plan provides for the oversight of the polluter's response or the management of
operations, as well as the coordination of and support for response efforts at the scene of the polluting
incident should the polluter's response be inadequate. It also includes an escalating system of problem
solving from the FOSC to the RJRT to the IJAT. The Plan is intended to complement the existing
Canada-United States Joint Marine Pollution Contingency Plan.
Responsibilities
The implementation and maintenance of the Inland Plan is the joint responsibility of the Department of
the Environment for Canada and the United States Environmental Protection Agency. These two are the
responsible agencies and will seek the assistance of other agencies as appropriate and required. The two
lead agencies are jointly empowered to amend the Plan as prescribed in Section 803 of the Plan.
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100 INTRODUCTION
101 Background
101.1 The need for a Canada-United States pollution contingency plan for spills and releases of
pollutants that affect the shared inland boundary not covered by the Canada-United States Joint
Marine Pollution Contingency Plan (the Marine Plan) was officially recognized with the signing
of the Memorandum of Understanding between the Department of the Environment of the Government
of Canada and the Environmental Protection Agency of the United States of America, October 17,
1985.
101.2 The Memorandum of Understanding outlined a plan for cooperative measures for dealing with
accidental and unauthorized releases of pollutants that cause or may cause damage to the
environment along the shared inland boundary and that may constitute a threat to the public
health and welfare, the environment, and property.
101.3 The Canada-United States Joint Inland Pollution Contingency Plan (the Inland Plan) is intended
to complement the Marine Plan, and is consistent with the Treaty relating to boundary waters
between Canada and the United States signed on January 11,1909, and the intent of the Agreement
between the United States and Canada on Great Lakes quality 1972, 1978, and
amended by Protocol in 1987.
101.4 The Inland Plan is in keeping with two Council Acts adopted by the Organization for Economic
Cooperation and Development in 1988 Pertaining to the Exchange of Information Concerning
Accidents Capable of Causing Transfrontier Damage and Provision of Information to the Public
and Public Participation for Accidents Involving Hazardous Substances.
101.5 The Inland Plan is also consistent with the United Nations Economic Commission for Europe
Convention on Transboundary Effects of Industrial Accidents, signed by Canada and the United
States in Helsinki in March 1992, which calls for the development of agreements between
governments on preparedness, response, prevention, notification, mutual assistance, and
research and development issues.
101.6 The Inland Plan is also consistent with the Agreement between the Government of Canada and the
Government of the United States on Cooperation in Comprehensive Civil Emergency Planning
Management, which was signed on April 28, 1986.
101.7 The Inland Plan is also consistent with the relevant existing preparedness and response plans
of each country.
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102 Purpose and Objectives
102.1 The Inland Plan provides for a cooperative mechanism for preparedness for and response to
accidental and unauthorized spills and releases of pollutants, exclusive of radiological
materials, that affect or are likely to affect both countries. The Plan also addresses
polluting incidents that, although directly affecting one country, are of such a magnitude as
to justify alerting and/or requesting assistance from the other country (e.g., for technical
advice and/or equipment and responders).
102.2 The purpose of the Inland Plan is to mitigate the effects on public health and welfare, the
environment, and property, by providing for coordinated and integrated responses to polluting
incidents on either side of the border.
102.3 The objectives of the Inland Plan are to provide an international coordination mechanism to
ensure appropriate and effective cooperative preparedness and response measures between Canada
and the United States with respect to major releases of pollutants along the shared inland
boundary; to develop systems for notification of a polluting incident within the area covered
by the Plan; to institute measures to monitor and restrict the further spread of spilled or
released pollutants in an expeditious manner; and to ensure the availability of adequate
resources to respond to an incident. The Plan will also ensure that coordinated public
information releases are made in a timely fashion to the public in both countries.
102.4 The Inland Plan includes Regional Annexes. These Annexes follow the format and guidelines
described in Section 802 and Appendix E of the Plan.
103 Scope
103.1 The Inland Plan applies to all polluting incidents along the shared inland boundary that have
the potential for transboundary effects, except for those incidents occurring in the waters or
coastal areas that are described in the Annexes to the Marine Plan, as amended or revised. The
Inland Plan applies to the waters of Lake Champlain. In the case of an incident where the
pollutant spreads to any major waterways covered by the Marine Plan, the country providing the
FOSC will provide a liaison to workwith either the Canadian Coast Guard or the U.S. Coast Guard.
103.2 The Inland Plan organizes the activities of responsible authorities in each country, prescribes
a response structure, and establishes a method of operation for personnel responding to an
incident.
103.3 Nothing in the Inland Plan shall prejudice existing orfuture agreements concluded between the
two parties, or affect the rights and obligations of the parties under international agreements
or arrangements to which they are or may become party.
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103.4 The Inland Plan does not apply to radiological incidents. Such incidents are covered by the
Canada Federal Nuclear Emergency Response Plan of 1984 (FNERP) or by the United States Federal
Radiological Emergency Response Plan of November 1985 (FRERP).
104 Abbreviations
ALC Advisory and Liaison Coordinator
DOE Department of the Environment (Canada)
EPA (U.S.) Environmental Protection Agency
EPC Emergency Preparedness Canada
FEMA (U.S.) Federal Emergency Management Agency
FCEE (Canada) Federal Committee for Environmental Emergencies
FNERP (Canada) Federal Nuclear Emergency Response Plan
FOSC Federal On-Scene Coordinator
FRERP (U.S.) Federal Radiological Emergency Response Plan
IJAT International Joint Advisory Team
NCP (U.S.) National Oil and Hazardous Substances Pollution Contingency Plan
(i.e., National Contingency Plan)
NEEC (Canada) National Environmental Emergencies Centre
NOAA (U.S.) National Oceanic and Atmospheric Administration
NRC (U.S.) National Response Centre
NRT (U.S.) National Response Team
PIR (Canada) Pollution Incident Report
RCP (U.S.) Regional Contingency Plan
REET (Canada) Regional Environmental Emergencies Team
RJRT Regional Joint Response Team
RRT (U.S.) Regional Response Team
SITREP (U.S.) Situation Report
SSC (U.S.) Scientific Support Coordinator
105 Definitions
The following terms are defined for the purpose of the Inland Plan:
105.1 Advisory and Liaison Coordinator (ALC). The liaison between the federal On-Scene Coordinator
(FOSC) and the Regional Joint ResponseTeam (RJRT) and the advisortothe FOSC on RJRT matters.
The ALC is meant to facilitate the flow of information between the RJRT and the FOSC and provide
additional support to the direct communication between the RJRT and the FOSC.
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105.2 Containment. Any measure that is taken to control or to restrict the spread of a pollutant.
105.3 Countermeasures. Any measures, whether physical or chemical, that are implemented to reduce
the impact and the effect of a pollutant on the public health and welfare, the environment, and
property.
105.4 Environment. The atmosphere, land, and surface and ground waters, including the natural
resources therein, and all other components of the ecosystem.
105.5 Federal Committee for Environmental Emergencies (FCEE) (Canada). The body responsible for
ensuring a coordinated federal response to significant environmental emergencies and providing
advice and assistance to Regional responders when requested.
105.6 Federal On-Scene Coordinator (FOSC). The federal government official who coordinates the
federal government activities at the scene of the polluting incident and provides advice,
assistance, and support to the local, state, territorial, or provincial incident commander
during a polluting incident. (In the U.S., the FOSC can be predesignated).
105.7 Incident Commander. The local, state, territorial, or provincial official who coordinates and
directs the pollution control efforts at the scene of the polluting incident.
105.8 Inland International Boundary. The non-marine boundary common to both countries, including
boundary and transboundary waters not included in the Marine Plan.
105.9 International Joint Advisory Team (IJAT). A policy and advisory body with overall
responsibility for the maintenance, promotion, and coordination of the Inland Plan. It is
comprised of representatives from the Canadian Federal Committee on Environmental Emergencies
(FCEE) and the U.S. National Response Team (NRT) and jointly co-chaired by the
Parties.
105.10 National Response Team (NRT) (U.S.). The body, established by the National Oil and Hazardous
Substances Pollution Contingency Plan, that is responsible for national response and
preparedness planning, for coordinating regional planning, and for providing policy guidance
and support to the Regional Response Teams (RRTs).
105.11 Party. The Parties referred to in the text of this Inland Plan are the Department of the
Environment (DOE) for Canada and the United States Environmental Protection Agency
(EPA).
105.12 Pollutants. Substances that, if discharged, cause or may cause damage to public health or
welfare, the environment, or property according to the laws and regulations of each
country.
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105.13 Polluting Incident. An accidental or unauthorized release of any pollutant, other than
radiological materials and permit exceedences, on either or both sides of the inland
international boundary of a magnitude that causes, or threatens to cause, adverse effects to the
public health or welfare, the environment, or property.
Major incident. An incident that would be likely to cross the international boundary; and/or
pose a significant threat to human life, property, and/or the environment; and/or that requires
more response personnel and/or equipment than are available to local responders, and that
thereby would necessitate activation of the Inland Plan.
Moderate incident. An incident that is less severe than a major incident but that poses a
potential threat and that would typically require the country of origin to warn the other
country that it might be necessary to activate the Inland Plan.
Minor incident. An incident that can be handled by the polluter (possibly with the assistance
of local responders) and that poses little or no threat to human life and the environment.
105.14 Regional Environmental Emergencies Coordinator (REEC) (Canada). The governmental official who
coordinates the planning and response activities of the REET. 105.15 Regional Environmental
Emergencies Team (REET) (Canada). The regional body that provides coordinated and
comprehensive information and advice to the FOSC and incident commander on environmental
impacts, resource sensitivities, environmental forecasting, spill modelling, contingency
planning, spill containment, and cleanup priorities and techniques during the planning for and
response to environmental emergencies. It is chaired by the Federal Department of the
Environment or the provincial ministry responsible for the environment or as otherwise
arranged, and is composed of federal, provincial, territorial, and other agency environmental
specialists. Other representation such as Native groups, local communities, and industrial
specialists are included as required.
105.16 Regional Joint Response Team (RJRT). The regional support and advisory team that is responsible
forthe maintenance and effective implementation of the respective Annexes of the Inland Plan
(identified as the JRT in the DOE/EPA MOU dated October 17,1985). The RJRT is composed of
agencies and organizations in both Canada and the United States and is co-chaired by the
provincial or regional representatives of each Party as described in the Regional Annexes. The
RJRTs will include representatives from the appropriate Canadian REET for each of the five
Regions (Atlantic, Quebec, Ontario, Prairie and Northern, Pacific and Yukon), and from the U.S.
Regional Response Team for each of the EPA Regions (1, 2, 5, 8, and 10), whose area of
responsibility coincides with the respective borders of the five Canadian Regions.
105.17 Regional Response Team (RRT) (U.S.). ParallelinagencymembershiptothatoftheU.S. NRT, RRTs
develop and coordinate preparedness activities before a response action is taken and also
coordinate assistance and advice to the FOSC during such response actions. The two principal
components of the RRT mechanism are a standing team, which consists of designated
representatives from each participating federal agency, state government, and local government;
and incident-specific teams, which are formed from the standing team when the RRT is activated
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for a response. The role of the standing RRT, co-chaired by representatives of EPA and the U.S.
Coast Guard, includes communications systems and procedures, planning, coordination, training,
evaluation, preparedness, and related matters on a regionwide basis. The role of the
incident-specific team is determined by the operational requirements of the response to a
specific polluting incident.
105.18 Scientific Support Coordinator (SSC) (U.S.). The SSC serves underthe direction of the FOSC,
during a response to a polluting incident, and is responsible for providing scientific support
for operational decisions and for coordinating on-scene scientific activity.
200 JOINT POLICY AND RESPONSIBILITIES
201 Joint Policy
201.1 The Parties will seek the cooperation from the appropriate Canadian and U.S. agencies, to the
extent possible, to respond expeditiously to a polluting incident that affects or threatens to
affect both countries. Actions taken pursuant to the Inland Plan shall be consistent with the
statutory authorities, operational requirements, and other obligations of each
country.
201.2 Effective communication between Canada and the United States is vital to the successful
implementation of the Inland Plan. Any inland environment polluting incident that presents a
potential threat to the other country shall be reported promptly to that country in accordance
with Section 401.1 of the Plan.
201.3 In a response situation that falls within the scope of the Inland Plan, the Parties shall make
every effort to obtain resources that could be used for joint response operations, subject to
their capabilities and requirements. In addition, each Party shall have in place procedures to
ensure that the necessary resources from the public and private sectors may be brought to bear
to achieve a successful outcome to a joint response operation.
201.4 The existing decision-making process of each country shall be followed to determine whether
chemicals (e.g., dispersants) will be used to respond to a polluting incident.
202 Special Arrangements for Mutual Assistance
202.1 Special arrangements for mutual assistance will be considered on a case-by-case basis. The
provision of witnesses pursuant to such an arrangement will be governed by existing and
applicable regulations, laws, practices, and agreements between the two Parties. Special
arrangements for mutual assistance will not prejudice the resolution of any dispute involving
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third parties that may arise respecting liability and compensation resulting from any polluting
incident, wherever it may occur.
202.2 The Parties will, as appropriate, assist each other in exercising a right of recovery against
the third party, including the provision of documentation.
202.3 As appropriate for mutual assistance, special customs and immigration clearances may be granted
by each country in accordance with the laws and regulations of each party for response
resources, including personnel and equipment. Procedures for accomplishing this will be
developed by national, regional, and local officials, and will be outlined in each Regional
Annex. Guidelines for the development of the Regional Annexes are found in Appendix E.
300 PLANNING AND RESPONSE ORGANIZATION
301 International Joint Advisory Team
301.1 The International Joint Advisory Team (IJAT) is the policy and advisory body with overall
responsibility for the maintenance, promotion, and coordination of the Inland Plan. The purpose
of the IJAT is to respond quickly to interagency and policy problems during major
emergencies.
301.2 The IJATwill be composed of some or all representatives from the agencies listed in Appendix
A with co-chairs appointed by the FCEE for Canada and the NRT for the United States.
301.3 During a polluting incident, the IJAT upon request shall facilitate the provision of emergency
resources and other support to the Regional Joint Response Team (RJRT) and also activate other
related emergency plans such as those involving customs and immigration. Actions of the IJAT
shall not include direct management of the on-scene response.
301.4 The IJAT shall also maintain a list of potential assisting agencies of each country and the
assistance available from each agency. The IJAT shall also be responsible for notifying the
RJRTs of any changes to these agencies' response capabilities.
301.5 Each IJAT Co-chair shall ensure that his/her country is in compliance with legal requirements
for protecting the health and safety of emergency responders.
302 Regional Joint Response Teams
302.1 Regional Joint Response Teams (RJRTs) are responsibleforthe development, maintenance and
effective implementation of the respective Annexes to the Inland Plan, including the
development and maintenance of videos, graphs, or other records of sensitive areas that are
Canada-United States Joint Inland Pollution Contingency Plan 13
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given high priority for protection in the event of a polluting incident. However, specific
information on sensitive areas during a polluting incident should be obtained from the REET
(Canada) or the SSC (U.S.).
302.2 The RJRTs will include representatives from the appropriate Canadian REET for each of the five
Regions (Atlantic, Quebec, Ontario, Prairie and Northern, Pacific and Yukon), and from the U.S.
RRT for each of the EPA Regions (1,2,5,8, and 10), whose area of responsibility coincides with
the respective areas covered by the five Canadian Regions.
302.3 The RJRTs' areas of responsibility are divided as follows:
a) Thecombined border of the Yukon Territory and British Columbia with U.S. EPA Regions 8 and 10
(Washington, Idaho, Montana, Alaska) - CANUSWEST
b) The combined border of Alberta, Saskatchewan, and Manitoba with U.S. EPA Regions 5 and 8
(Minnesota, Montana, North Dakota) - CANUSPLAIN
c) The border of Ontario with U.S. EPA Regions 2 and 5 (New York, Minnesota) -
CANUSCENT
d) The border of Quebecwith U.S. EPARegionsI and 2 (New Hampshire, Vermont, Maine, NewYork)-
CANUSQUE
e) The border of New Brunswick with U.S. EPA Region 1 (Maine) - CANUSEAST
Further subdivision of Annexes may be an option for some of the Regions for easier
implementation.
302.4 Each RJRT shall maintain Annexes that include contact lists for federal, provincial,
territorial, state, and nongovernment agencies.
302.5 The standing pre-and post-incident functions of an RJRT include planning and preparedness
activities, which are outlined below:
a) developing procedures to promote a coordinated response by all federal agencies to polluting
incidents. These procedures will include, among others, environmental, technical, logistic,
legal, customs, immigration, financial, and public information/media-relations
b) reviewing post-incident reports from the FOSC on the handling of polluting incidents for the
purpose of analyzing response actions, recommending needed improvements in the contingency
plans, and identifying training needs
c) forwarding to respective federal, state, provincial, territorial, and local authorities
relevant reports and recommendations including FOSC post-incident reports
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d) preparing RJRTdebriefing reports and recommendations concerning amendments to the Inland Plan
or the Annexes
e) planning and implementing exercises as addressed in Section 700 of the Plan
302.6 Under RJRT coordination, the Parties should encourage federal agencies of both countries to
coordinate their planning and response activities with each other, with affected provincial,
territorial, state, and local governments, and with private sector response organizations.
302.7 The RJRT shall seek arrangements with federal agencies of either country having services or
facilities that may be useful to it in responding to an incident.
302.8 The RJRT does not have operational control over the FOSC. During an incident, the advisory and
support functions of the RJRT include
a) providing advice and assistance to the FOSC during polluting incidents
b) monitoring incoming reports, reviewing the possible impact of reported polluting incidents,
and being at all times fully aware of the actions and plans of the FOSC
c) coordinating the actions of the various agencies in supplying the necessary resources and
assistance to the FOSC
d) recruiting other federal agencies, and industrial or scientific groups to play their
appropriate parts in support actions by acting through the RJRT or FOSC
e) coordinating all reporting on the status of the polluting incident to the respective parties
(using existing reporting mechanisms)
f) ensuring that the FOSC has adequate public information support
g) providing an Advisory and Liaison Coordinator (ALC) at the scene of the polluting incident for
liaison between the FOSC and the RJRT, to support the FOSC, and to advise the FOSC on RJRT
matters
h) reviewing actions taken by the FOSC and making recommendations for additional measures needed
to support the response
I) recommending meanstofacilitateresponsecoordinationamongfederal, provincial, territorial,
state, and other agencies
j) promoting efficient communications to ensure effective information flow
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303 Federal On-Scene Coordinator
303.1 The FOSC may assume one of two roles: first, as provider of advice, assistance, and support to
the local, state, territorial or provincial incident commander and as coordinator and director
of the federal government activities at the scene of a polluting incident; and second, as lead
when the polluting incident is under federal jurisdiction or in accordance with federal,
provincial, territorial, or state agreements or when the polluting incident is beyond the
capabilities of the local, state, territorial, or provincial incident commander.
303.2 In the case where the FOSC is the lead, he/she shall be responsible for the overall control and
direction of the operations and is the final authority for all decisions related to response and
countermeasure operations. The FOSC shall obtain proper authorization and necessary permits,
in accordance with appropriate national, provincial, territorial, state, and local laws, to
call upon and direct the deployment of available resources to initiate and continue containment,
countermeasures, cleanup, and disposal functions.
303.3 In all cases, the FOSC shall
a) determine the pertinent facts about a particular polluting incident: the identity of the
polluter; the nature, amount, and location of pollutant spilled; probable direction and time
of travel of the pollutant; resources available and needed; and the potential effects on public
health and welfare and on property or the environment;
b) ensure that comprehensive and consolidated environmental advice and technical support
information is being provided to address the needs of the response operations. This should be
done through a REET for Canada or an SSC for the U.S.
c) maintain an up-to-date and accurate information flow to the RJRT to ensure the maximum
effectiveness of the joint effort in protecting the public health and welfare, the environment,
and property from pollution damage
d) submit reports and recommendations to the RJRT following a polluting incident
304 Canada and United States Federal Agencies' Responsibilities
304.1 Responsibilities of specified agencies are set out in the Canadian Department of the
Environment'sEnvironmentalEmergenciesPlan, the Canadian CoastGuard's National Marine
Emergency Plan (under revision) and Arctic Marine Emergency Plan, the U.S. National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) and its supplementary guidance. Other
federal, provincial, territorial, state, and local agencies may be requested to assist as
needed.
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305 Coordination with Provincial, Territorial, Regional, State, and Local
Preparedness and Response
305.1 Initial responsibility for responding to incidents rests with local authorities unless
otherwise identified under federal jurisdiction or agreements. Therefore, the Inland Plan
anticipates that each country willencouragecommunitiestohaveup-to-datecontingency plans
and information about potential hazards as well as adequate equipment and trained personnel for
responding to potential incidents within the community's jurisdiction.
305.2 Whenever an incident exceeds local capabilities, local officials should seek the assistance of
provincial, territorial, regional, or state agencies and should coordinate with nongovernmental
organizations when appropriate.
305.3 To ensure that authorities do not overlap during a polluting incident, the Inland Plan and its
Annexes should be coordinated with the comprehensive emergency plans prepared for U.S. local
emergency planning districts on the international border in compliance with Title III (the
Emergency Planning and Community Right-to-Know Act of 1986) of the Superfund Amendments and
Reauthorization Act of 1986 as well as the Area Contingency Plans developed under the Oil
Pollution Act of 1990, and equally with existing Canadian plans and arrangements.
305.4 Each country shall call to the attention of its provincial, territorial, state, local, and other
authorities in areas adjacent to the international border the desirability of achieving
compatibility between preparedness and planning activities in Canada and the United
States.
305.5 Local communities are encouraged to enter into joint planning and mutual aid agreements with
their international neighbours, specifying delegations of authority, responsibility, and
duties consistent with national requirements for transboundary activities. These plans and
mutualaid agreements should be coordinated with the development of regional, provincial, and
territorial contingency plans. Specific local response agencies (e.g., police, fire, emergency
medical) should be encouraged to develop mutual aid or good Samaritan agreements with their
counterparts in neighbouring localities whenever practicable.
306 Coordination with Nongovernmental Groups
306.1 This Inland Plan and its Annexes should be coordinated with general and area-specific emergency
response plans developed by major industrial and volunteer associations and by individual
industries near the international border.
306.2 RJRTs should seek the active cooperation of industries and transporters near the international
border to ensure that joint contingency plans take a realistic account of hazards.
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306.3 Industry groups, academic organizations, and others will be encouraged to commit resources for
response operations that can be listed in the Annexes to the Inland Plan. It is particularly
importanttoconsiderthe valuable operational response techniques that may be available from
the nongovernment organizations and local communities to assist the incident commander in
devising cleanup strategies where effective standard techniques are unavailable, and to
encourage the development of new techniques to meet each country's needs.
306.4 Joint contingency plansfor Regions listed in the Annexes may establish procedures to allowfor
well-organized, helpful, and safe use of volunteers by the FOSC, or by other federal, state,
provincial, territorial, or local officials knowledgeable in contingency planning and response
operations. Regional plans should identify specific areas in which volunteers can be used, such
as property surveillance, logistical support, and wildlife treatment.
307 Technical Support Teams
307.1 The RJRT shall annually prepare and update a list of governmental and nongovernmental technical
support that can be of assistance during joint response activities.
307.2 The IJAT shall review the Annexes and advise each RJRT on sources of expertise, services, and
technology that the RJRT could include in planning.
400 RESPONSE OPERATIONS
401 Discovery and Alerting
401.1 Any polluting incident presenting a potential threat to the other country shall be reported to
the other country without delay by telephoning the appropriate Regional contacts (as referenced
in the Annex) in Canada or the Canadian National Environmental Emergencies Centre (NEEC) (819)
997-3742 or the U. S. National Response Centre (N RC) at (202) 267-2675 (outside the U. S.) or
(800) 424-8802 (in the U.S.), in accordance with the procedures stated in each Annex.
401.2 Whenever the NRC is notified of an incident near the Canadian border having the potential for
transboundary effects, it will notify the NEEC; whenever the NEEC is notified of an incident
near the U.S. border having the potential for transboundary effects, it will notify the NRC.
The NRC will first notify the appropriate predesignated FOSC (U.S.) and then the U.S. RJRT and
IJAT Co-chairs. The NEEC will notify the Canadian IJAT Co-chair and the appropriate
RJRT Co-chair.
401.3 These notification arrangements are not meant to impact upon existing notification procedures
at the federal, state, local, territorial, and/or provincial level.
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401.4 If the polluting incident is considered a moderate or major incident, an alerting message will
be originated by the appropriate RJRT Co-chair or alternate, sent to the other RJRT Co-chair and
to the IJAT Co-chairs, and must always be acknowledged by the addressees. This alert will not
activate the Inland Plan but will permit assessment and immediate preparation for the
possibility of activation of the Plan. The alerting message will include the geographical
position of the incident, a brief situation summary, and other appropriate data and will be
distributed to all appropriate officials through each country's notification systems. The
standard format for the alerting message is found in Appendix B.
402 Plan Activation
402.1 The Inland Plan may be activated by the RJRTCo-chair from the country of origin, after
consulting with the RJRT Co-chair from the other country if
a) the polluting incident is accompanied by a substantial threat of the spread of a pollutant into
the area of responsibility of the other country or such spreading has already occurred,
and/or
b) no spread of pollutants into the other country has occurred or is threatened, but the magnitude
of the incident, or other factors, makes a request for assistance necessary.
The RJRT Co-chairwho activates the Inland Plan shall be known as the Activating Co-chairfor
the purposes of Section 405.1.
402.2 The appropriate RJRT Co-chair or alternate may activate the Inland Plan through written
notification or telephone. The telephone message must be followed by written notification
(telex/fax). This message should follow the format identified in Appendix C.
If an alerting message under Section 401.4 of the Inland Plan was not issued, the necessary site
information shall be added to the message activating the Plan.
In its acknowledgement, the receiving country shall report the name of its RJRT Co-chair.
403 Response Procedures
403.1 Each Regional Annex shall identify the specific response roles of participating public and
private sector organizations.
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404 Disposal
404.1 Pollutants and other associated incident debris that are recovered as a result of cleanup
actions shall be disposed of in accordance with federal, state, provincial, territorial, and
local requirements so as to minimize the possibility of further or continuing environmental
damage.
405 Plan Deactivation
405.1 A recommendation to end the joint response to an incident shall be made by the RJRT after
consultations between the FOSC and the Activating Co-chair. The Activating Co-chair shall
deactivate the Inland Plan by formal message with the agreement of the RJRT Co-chair from the
other country. This message must clearly establish the date and time of the deactivation of the
Plan. This requirement to consult does not diminish the Activating Co-chair's prerogative to
decide upon deactivation. The standard format forthe deactivation message is found in Appendix
D.
500 REPORTING REQUIREMENTS
501 Pollution Incident Reports
501.1 The RJRT shall ensure that pollution incident reports (PIRs) include a full and timely
assessment of the incident, actions taken, and progress made during the response. In turn, the
RJRT shall provide the IJAT with the PIRs, along with additional comments describing the RJRTs
actions and recommendations.
501.2 The RJRT shall recognize that conditions at the scene of an incident may place constraints on
the FOSC such that PIRs and SITREPs may be incomplete or temporarily delayed.
502 Post-Incident Reports
502.1 The RJRT may request the FOSC to submit reports and to prepare operational debriefings forthe
I JAT on the incident. These may include actions taken and any observations, lessons learned,
and recommendations that need to be made.
600 PUBLIC INFORMATION
601 Policy
601.1 When an incident occurs, the public must be provided with timely and accurate information on the
nature of the incident, the steps that are being taken to cope with the problem, and what
citizens should do to protect themselves. This information is intended to protect human lives,
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to encourage understanding among the public, to ensure cooperation from all interested parties,
and to reduce the possibility of the spread of concern or alarm through misinformation.
602 Responsibilities
602.1 When the Inland Plan is activated, each Co-chair of the RJRT shall assign from the resources of
the country he/she represents an on-scene public information officer who will maintain liaison
with the interested parties in his/her own country, including but not limited to the local,
state, provincial, or territorial authorities, news media, government press offices, the
public, special interest groups, and concerned industries. These officers shall support the
FOSC, maintaining an account of events and advising the FOSC on public reactions.
602.2 FOSC news releases will contain operational information. If however they contain policy
considerations they must first be cleared through the Co-chair of the RJRT and other
representatives of the Parties as the Co-chair deems necessary. The FOSC shall keep the local,
state, territorial, and provincial authorities and the RJRT apprised of news-office activities
(e.g., issuing press releases, organizing briefing sessions, keeping the public informed) and
public reactions.
700 EXERCISING AND UPDATING THE PLAN
700.1 The IJAT shall review the Inland Plan annually and identify
specific planning issues.
700.2 Scheduling RJRT meetings and conducting joint response exercises are the responsibility of the
individual RJRTs. It is recognized that the continued viability of the Inland Plan is primarily
dependent on the development of working relationships through such periodic meetings and
exercises. The recommended frequency of these meetings and exercises is as follows:
RJRT meetings: one meeting for each Regional Annex, at least once every 18 months, alternately
organized by each country
RJRT exercises: one exercise for each Regional Annex every two years, alternately organized by
each country
Schedules for both the RJRT meetings and the exercises are set out in the Annexes
700.3 To promote greater efficiency, joint meetings could be held to coincide with joint exercises and
could include more than one Region or Annex, as appropriate.
700.4 The IJAT is responsible for keeping the Inland Plan up to date. Responsible authorities for each
RJRT shall submit significant Annex amendments to the IJAT.
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700.5 The IJATshall confirm the accuracy of all names, addresses, and telephone numbers in the Inland
Plan every March 31.
700.6 Each RJRT shall confirm the accuracy of all names, addresses, and telephone numbers in the
Appendices and Annexes every March 1. Any necessary changes shall be entered. Any significant
changes to the Annexes to the Inland Plan shall be forwarded to the IJAT.
800 ADMINISTRATION
801 Custodians
801.1 The custodians forthe Inland Plan and Annexes and any amendments thereto are, for Canada, the
Directorof the Environmental Emergencies Branch, Environmental Protection Service, Department
of the Environment; and for the United States, the Director of the Chemical Emergency
Preparedness and Prevention Office, Office of Solid Waste and Emergency Response for the
Environmental Protection Agency.
802 Annex Guidelines
802.1 Regions will be encouraged to maintain Annexes to the Inland Plan, covering such topics as
communications, reporting systems, designated and/or potential RJRTmembers, and useful points
of contact. A guidance document to assist regional planners in preparation of the Annexes is
found in Appendix E.
803 Amendments
803.1 Amendments to the Inland PlanandAnnexesmaybemadebymutualagreementofthecustodiansand
shall be approved and disseminated pursuant to sections 803.1.1 and 803.1.2.
803.1.1 Amendments to the Inland Plan and Annex provisions that concern national policy interests or are
otherwise of significant importance to both the Canadian and U.S. governments may be executed
only by governmentto government agreement by procedures appropriate to the circumstances and
need for a particular amendment.
803.1.2 Amendments to the Inland Plan and Annex provisions that do not have national policy implications
or are not of significant importance may be executed by the agreement of the custodians.
803.1.3 The Annexes are of regional interest and may be amended by the respective RJRTs upon their
agreement to do so. The respective RJRT Co-chairs will notify the Co-chairs of the IJAT of all
significant amendments by letter.
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900 APPENDICES
APPENDIX A Suggested IJAT Member Agencies
APPENDIX B Alerting Message
APPENDIX C Activation Message
APPENDIX D Deactivation Message
APPENDIX E Guidelines for the Development of Regional Annexes
APPENDIX F Annexes
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APPENDIX A
Suggested IJAT Member Agencies
Canada: Emergency Preparedness Canada, Canadian Heritage, Department of Agriculture and Agri-food,
Department of Citizenship and Immigration, Department of the Environment, Department of Fisheries and
Oceans, Department of Foreign Affairs and International Trade, Department of Health, Department of
Indian Affairs and Northern Development, Department of Justice, Department of National Defence,
Department of National Revenue, Department of Natural Resources, Department of Transport (Canadian Coast
Guard and Transportation of Dangerous Goods Directorate), National Energy Board, Office of the Privy
Council, Transportation Safety Board
U.S. (NRT members as of 1/94): Environmental Protection Agency, U.S. Coast Guard (DOT), Department of
Agriculture, Department ofCommerce, Department of Defense, Department of Energy, Department of Health
and Human Services, Department of the Interior, Department of Justice, Department of Labour, Department
of State, Department of Transportation, Federal Emergency Management Agency, General Services
Administration, Nuclear Regulatory Commission
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APPENDIX B
Alerting Message
DATE:
TIME:
TO: (action addressees, address, and telephone/fax number)
FROM: (sender and telephone/fax number)
CC: (for information and action as appropriate)
NAME OF REGION/ANNEX:
1. Geographical location:
2. Pertinent incident details: (e.g., nature, amount, and potential impact of the
pollutant spilled; weather conditions)
3. Reason for alerting message:
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APPENDIX C
Activation Message
DATE:
TIME:
TO: (action addressees, address, and telephone/fax number)
FROM: (sender and telephone/fax number)
CC: (for information and action as appropriate)
NAME OF REGION/ANNEX:
CONTINGENCY PLAN ACTIVATED AT: (date and time)
NAME OF FOSC:
If an alerting message under Section 401.4 of the Inland Plan was not issued, the necessary site
information shall be added to the message activating the Plan.
In its acknowledgement, the receiving country shall report the name of its RJRT Co-chair.
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APPENDIX D
Deactivation Message
DATE:
TIME:
TO: (action addressees, address, and telephone/fax number)
FROM: (sender and telephone/fax number)
CC: (for information and action as appropriate)
NAME OF REGION/ANNEX:
CONTINGENCY PLAN DEACTIVATED AT: (date and time)
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APPENDIX E
Guidelines for the Development
of Regional Annexes
The Inland Plan provides for a cooperative response mechanism for responses to spills and releases of
pollutants that affect the inland boundary areas of both countries. The Plan allows for the provision
of assistance when only one country is affected but the spill or release is of such magnitude as to justify
a request for assistance.
The development of Regional Annexes that include, among other matters, the definition of the
jurisdiction, roles, and response procedures of regulatory and support agencies within specific regions
of each country is one feature of the Plan.
As described in section 802.1, the following is a suggested list of contents which can be used in the
development of Regional Annexes to ensure a common understanding and approach.
This should not inhibit the creativity of the planners or interfere with existing regional planning
practices although Regions may elect to develop separate Regional Plans. In fact, it may be beneficial
to integrate the development of the Regional Annex into the existing regional planning process.
PROPOSED LIST OF CONTENTS
1. Scope (includes purpose and geographic areas)
2. Agreements and plans (relevant to each region)
3. Response organization
• Response centre
• Predesignated FOSCs (U.S.)
• Special forces/teams
• Response structures
4. Operating procedures
a) Discovery and alarm
b) Information and coordination on and between
• FOSCteam
• REETs and RRTs
• RJRT and IJAT
• State, provincial, territorial, and local agencies
• Public information groups
• Special interest groups
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c) Response operations
5. Special considerations
a) Customs and Immigration
b) Health and safety of responders and volunteers
c) Volunteer coordination
d) Native lands
6. Administration
a) Amendments
b) Exercising and updating schedule
c) Contact and resource list
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APPENDIX F
Annexes
When completed, the following annexes will be added:
ANNEX I CANUSWEST
The combined border of the Yukon Territory and British Columbia with U.S. EPA Regions 8 and 10
(Washington, Idaho, Montana, Alaska) - CANUSWEST
ANNEX II CANUSPLAIN
The combined border of Alberta, Saskatchewan, and Manitoba with U.S. EPA Regions 5 and 8 (Minnesota,
Montana, North Dakota) - CANUSPLAIN
ANNEX III CANUSCENT
The border of Ontario with U.S. EPA Regions 2 and 5 (New York, Minnesota) - CANUSCENT
ANNEX IV CANUSQUE
The border of Quebec with U.S. EPA Regions 1 and 2 (New Hampshire, Vermont, Maine,
New York)-CANUSQUE
ANNEX V CANUSEAST
The border of New Brunswick with U.S. EPA Region 1 (Maine) - CANUSEAST
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LIST OF AMENDMENTS
Date
Section/Page
Nature of Amendment
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