9200.5-139
EPA 540/R—94/033
PB94-96326y
FEDERAL REGION IV
REGIONAL OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
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TABLE OF CONTENTS
SECTION 100. INTRODUCTION 1
101. PURPOSE: 1
102. AUTHORITY: 1
103. SCOPE 1
104. RELATIONSHIPS WITH OTHER PLANS 4
105. ASSUMPTIONS 4
106. RESPONSE POLICY 5
107. DISPERSANT and OTHER CHEMICALS USE POLICY 6
SECTION 200. ORGANIZATION AND RESPONSIBILITIES 8
201. INTRODUCTION 8
202. ORGANIZATIONS 8
2 02.1. NATIONAL RESPONSE TEAM 8
2 02.2. REGIONAL RESPONSE TEAM 8
STANDING REGIONAL RESPONSE TEAM 8
INCIDENT-SPECIFIC REGIONAL RESPONSE TEAM ... 10
2 02.3. AREA COMMITTEES 11
202.4. OTHER RESPONSE ORGANIZATIONS 12
203. RESPONSIBILITIES 12
203.1. ON-SCENE COORDINATORS 12
203.2. REMEDIAL PROJECT MANAGERS 13
203.3. FEDERAL RRT MEMBER AGENCIES 14
203.301. UNITED STATES COAST GUARD 14
203.302. UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY 15
203.303. DEPARTMENT OF AGRICULTURE 15
203.304. DEPARTMENT OF COMMERCE 16
203.305. DEPARTMENT OF DEFENSE 16
203.306. DEPARTMENT OF ENERGY 17
203.307. FEDERAL EMERGENCY MANAGEMENT
AGENCY 17
203.308. GENERAL SERVICES ADMINISTRATION . . 17
203.309. DEPARTMENT OF HEALTH AND HUMAN
SERVICES 17
203.310. DEPARTMENT OF THE INTERIOR 18
203.311. DEPARTMENT OF JUSTICE 19
203.312. DEPARTMENT OF LABOR 20
2 03.313. THE DEPARTMENT OF STATE 20
203.314. DEPARTMENT OF TRANSPORTATION .... 20
203.315. NUCLEAR REGULATORY COMMISSION ... 20
203.4. STATE RESPONSIBILITIES 21
203.5. LOCAL OPERATIONS 21
203.6. OWNERS/OPERATORS 22
203.7. PRIVATE, NON-GOVERNMENTAL ORGANIZATIONS . . 22
203.701. ENVIRONMENTAL ORGANIZATIONS .... 22
203.702. COOPERATIVES 22
2 03.703. VOLUNTEERS 22
203.8. NATURAL RESOURCE TRUSTEES 23
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Table of Contents
SECTION 300. CONCEPT OF OPERATIONS 24
301. GENERAL 24
302. MULT I REG IONAL RESPONSES 26
303. REMOVAL ACTIONS 26
SECTION 400. ADMINISTRATION AND LOGISTICS 27
4 01. REPORTING 27
402. RECORD KEEPING 27
403. FUNDING 27
404. IAGs AND MOUs 27
SECTION 500. DIRECTION AND CONTROL 28
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LETTER OF PROMULGATION
Section 4202 of the Oil Pollution Act of 199 0 (OPA) amended
Section 311(j) of the Federal Water Pollution Control Act (FWPCA)
(33 U.S.C. 1321(j)) to address the development of a National
Planning and Response System. As part of this system, Area
Committees are to be established for each area designated by the
President. These committees are to be comprised of qualified
personnel from Federal, State and local agencies. The functions
of appointing Area Committee members, determining the information
to be included in Area Contingency Plans, and reviewing and
approving Area Contingency Plans have been delegated by Executive
Order 12777 of 22 October 1991, to the Administrator of the
United States Environmental Protection Agency (USEPA) for the
inland zone. On April 24, 1992, the United States Environmental
Protection Agency Administrator designated the 13 Regional
Response Teams as Area Committees. The area for this plan has
been designated as USEPA Region IV (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee). The USEPA Region IV Regional Response Team (RRT)
serves as the Area Committee.
This plan has been designed and prepared to satisfy all statutory
and regulatory requirements mandated in the National Contingency
Plan (NCP) and OPA. Comments and recommendations are invited and
should be addressed to Mary Jo Penick, Area On-Scene Coordinator,
United States Environmental Protection Agency, Region IV, 345
Courtland Street, Atlanta, Georgia, 30365. This plan will be
reviewed and updated annually (on January 31) for the first five
years of the Plan, and once every five years after that. Changes
or corrections will be published as necessary.
Date
US Environmental Protection Agency
Region IV
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SECTION 100. INTRODUCTION
101. PURPOSE:
This Regional Contingency Plan (RCP) is prepared to comply with
the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP) and to implement the NCP at the Regional level. The
plan provides the structure and mechanisms for responding to a
pollution incident, or threat of a pollution incident, in a
timely, coordinated and effective fashion. Procedures for
coordinating with the United States Coast Guard (USCG) Area Plans
and other Federal, state, tribal and local community emergency
plans are presented in this plan.
102. AUTHORITY:
Section 300.210 of the NCP, promulgated in accordance with the
requirements of the Federal Water Pollution Control Act (FWPCA)
as amended, and Section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) requires that
each standard Federal region develop a Regional Contingency Plan
(RCP) to coordinate preparation and assistance activities both
before and during a spill response.
Section 4202 of the Oil Pollution Act of 1990 (OPA), which amends
Subsection (j) of Section 311 of the FWPCA as amended by the
Clean Water Act (CWA) of 1977, requires the development of Area
Contingency Plans for responding to a worst-case oil discharge.
Pursuant to OPA section 4202(b)(1)(A), the President designates
areas for which Area Contingency Plans are established. Through
section 1(b) of Executive Order 12777 (56 FR 54757; October 22,
1991), the President delegated to the Administrator, United
States Environmental Protection Agency (USEPA), responsibility
for designating the Areas and appointing the Committees for the
"Inland Zone" as defined by the.NCP. The USCG has responsibility
for designating Areas and appointing Committees for the coastal
zone as defined by the NCP. The USEPA Administrator, in 57
Federal Register (FR) 15198; April 24, 1992 designated the inland
areas of the 13 Regional Response Teams (RRT) as the designated
Areas and the 13 individual RRTs as the Area Committees. In the
same FR Notice, the USCG designated as Areas, those portions of
the Captain of the Port (COTP) zones within the coastal zone as
defined in the NCP as the designated Area. The precise
boundaries for the inland and coastal zones are described in
Annex M.
103. SCOPE:
Under the provision of the NCP, the USEPA or the USCG is
authorized to undertake removal measures deemed necessary to
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protect the public health or welfare or the environment from
discharges of oil or releases of hazardous substances,
pollutants, or contaminants. This plan is applicable to these
response actions taken pursuant to the authorities under CERCLA
and Section 311 of the CWA, as amended. The strategies,
mechanisms, operations and procedures contained in this plan
conform with the provisions of the NCP.
This plan is a combined coastal and inland zone Regional
Contingency Plan governing Federal response operations to threats
and/or discharges of oil in the inland zone or to releases or
threats of releases of hazardous substances in both zones. It is
the chief working document of the RRT and is also the Area
Contingency Plan for the inland zone of the Region. It meets the
provisions of all statutory and regulatory requirements for such
plans, including Region IV's strategy to address a worst-case oil
discharge in the inland zone.
The following Region IV classifications are used for oil and
hazardous substance releases occurring in the inland zone:
TYPE
OIL
HAZ. SUBSTANCE
MINOR
< 1,000 gallons
< Reportable Quantity
MEDIUM
1,000 - 10,000
gallons
> Reportable Quantity
but don't meet criteria
for a major or minor
release
MAJOR
> 10,000 gallons
amount that poses a
substantial threat to
human health, welfare
or environment
WORST CASE
a worst case involves ANY discharge or threat of
a discharge, in significant quantities to impact
public health, welfare or the environment, where
the parties responsible for the threat or
discharge are unwilling or unable to perform the
required response actions.
Within this plan are the appropriate coordination mechanisms to
ensure compatibility and coordination with the Area Contingency
Plans developed by the USCG COTP for responding to discharges of
oil within the coastal zone and with the Federal Response Plan
written by the Federal Emergency Management Agency for responding
to natural disasters.
This plan has been developed with the cooperation of all
designated Federal agencies and state and local governments. It
applies to all preparedness activities and response operations
taken by the Federal member agencies of the Region IV RRT. The
geographical boundaries of this plan are those defining standard
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Federal Region IV and include the states of Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina
and Tennessee.
This plan is applicable to and is in effect for:
(1) Discharges of oil into or on the navigable waters and
adjoining shorelines of the United States that lie within
the inland zone of the region as defined in this plan. When
discharges of oil into or on the navigable waters and
adjoining shorelines or other waters as defined in the
appropriate USCG Area Contingency Plan, the response will be
managed under that applicable Area Contingency Plan.
(2) Releases into the environment of the inland zone, of
hazardous substances, and pollutants or contaminants which
may present an imminent and substantial danger to public
health or welfare. When releases or threats of releases of
hazardous substances occur within the jurisdiction of a USCG
designated area and the applicable Area Contingency Plan
contains provisions for a response to such a release, that
ACP shall govern the response to that release.
(3) Additional resource and support requirements above those
available through the applicable COTP Area Contingency Plan
will be coordinated through the provisions of this plan and
the NCP as needed.
This plan will be used to:
(1) Identify primary responsibilities and jurisdictions among
Federal, State, tribal and local governments in response
actions.
(2) Describe Federal response actions in accordance with the CWA
and CERCLA.
(3) Describe Area Response Planning concepts and Committee
membership in Region IV.
(4) Describe methods and procedures to coordinate and integrate
multi-agency, multi-area and multi-regional responses and
plans.
(5) Provide information concerning facilities, resources,
equipment and additional capabilities from governmental,
commercial, academic and other sources.
(6) Provide information pertaining to preparedness activities
including planning, training and exercising.
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104. RELATIONSHIPS WITH OTHER PLANS:
104.01. AREA CONTINGENCY PLANS: Area Contingency Plans have
been developed by Area Committees representing each of the eight
Captain of the Port Areas in Region IV. Under the direction of
the USCG predesignated On-Scene Coordinator, these plans provide
specific procedures and details for response to discharges of oil
occurring within each designated area. As a region wide planning
and support coordination plan, this RCP is applicable for both
the coastal and inland zones of the region and provides resource
coordination in support of those specific Area Plans as needed.
104.02. FEDERAL RESPONSE PLAN: The Federal Response Plan (FRP)
provides for federal response in support of state and local
governments to disaster situations. Annex 10 to that plan,
Emergency Support Function # 10, provides a coordination
mechanism that integrates the response under this plan to
discharges of oil and hazardous substances releases with the
overall response to the disaster. Annex , to this plan,
entitled ESF #10 Operations, details the coordination procedures
and describes the operations taken under this plan with those
under the FRP.
104.03. STATE/LOCAL EMERGENCY MANAGEMENT AND RESPONSE
PLANS: Each state and most local governments in the Region have
emergency management and emergency response plans. This plan
contains a description of each state's responsibilities and
procedures for responding to emergency situations. Most federal
response efforts undertaken through this plan are in support of
local and state efforts. To facilitate close coordination, the
use of an Incident Command System incorporating all responding
organizations into a Unified Command System is encouraged through
this plan.
105. ASSUMPTIONS:
* Threats and releases of hazardous substances and discharges of
oil occur within the inland and coastal areas of the region
requiring Federal response actions.
* Upon notification of a spill or threat of a spill, the
procedures and coordination mechanisms in this plan will be
followed, as necessary, to implement a Federal response in
support of local and state government actions.
* Regional response forces respond with all applicable and
available resources when releases of hazardous substances,
discharges of oil or other pollution or contamination incidents
require a Federal response presence.
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* Natural disasters and technological emergencies that occur in
the Region will cause the activation of the Federal Response
Plan (FRP). This plan provides the coordination mechanisms to
integrate appropriate Regional response actions into the
Federal Response Plan structure.
* A Federal response under this plan will not be immediately
initiated at the scene of an incident. Travel time may prevent
a Federal On-Scene Coordinator (OSC) from arriving on-scene in
the first eight to ten hours following an incident. The
arrival of response resources may take even longer.
105. HOW TO USE THIS PLAN:
This plan is composed of a Base Plan and a series of Annexes,
Appendices and Tabs. The Base Plan is general in nature and
presents information and policies that are not subject to
frequent change. It captures the general strategy to be employed
in responding to releases of oil and hazardous substances,
pollutants and contaminants. Responsibilities of the RRT member
agencies are presented and a general description of each state's
environmental response and emergency management procedures is
included. Also, general concepts of Administration, Logistics
and Direction and Control are presented. The basic plan becomes
the framework upon which subsequent functional annexes,
appendices, tabs and checklists are overlayed.
The plan's annexes, appendices and tabs describe the tactical
guidance and procedures for achieving this strategy. Although it
contains many specific response procedures, the entire plan is
not intended to be used in the field. The operational annexes
are specific and provide the detail of who does what, when, how
and with what. These annexes, such as response organization and
operations, logistics, communications and disposal are designed
to be used as stand-alone, detailed response plans by the OSCs in
the field. Other annexes provide detailed information necessary
to support response operations.
The response is organized functionally along an incident command
system structure which includes planning, operations, logistics
and finance. In an incident in which two or more levels of
government and the responsible party respond, a unified command
system will be initiated at a designated command post and the
representatives will meet to reiterate this strategy, modify it
as necessary and develop the tactics and objectives to be
employed to protect lives, property, the environments and effect
the removal, cleanup and disposal of the material.
106. RESPONSE POLICY:
It is the policy of the Region IV RRT that response actions on
non-Federal lands be monitored or implemented by the lowest level
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of government with authority and capability to conduct such
activities. Generally, the lowest level is the local government
agencies. When the discharge is beyond the response capabilities
of the local or state agencies, or sufficient removal operations
are not being conducted to protect the population and
environment, the Federal OSC will initiate the appropriate
Federal response action. Region IV's incident command protocol
for Federal response actions is presented in Annex A.
To ensure maximum coordination and utilization of response
resources, the designated State contact will communicate as soon
as possible with the Federal OSC following an incident that
requires or that could potentially require immediate attention.
In the absence of sufficient site assessment information, the OSC
may respond on-site to assess the situation. If insufficient
information is available through the State contact, the OSC will
coordinate directly with local officials during the site
assessment.
The person responsible for the discharge or release, or threat of
a discharge or release, is responsible for taking immediate and
effective actions to mitigate the effects of any spill and to
cleanup and restore the incident site. The actions of the
responsible party (RP) or potentially responsible party (PRP)
must be consistent with the provisions outlined in this plan, the
NCP and, if applicable, the Facility Response Plan.
Facility Response Plans, as defined by Section 4204(a)(5) of OPA,
shall be reviewed for approval and consistency with this Plan.
During a response the OSC shall meet with other responding
parties to coordinate and integrate this Plan with all other
relevant plans including, but not limited to, Federal, State,
local, tribal, and private plans. The RRT will continuously
review effectiveness and integration of all plans based on actual
responses, exercises, and all other relevant information leading
to enhancement of these plans.
107. DISPERSANT and OTHER CHEMICALS USE POLICY:
Authorization for considering dispersant usage is granted by the
NCP Subpart J. Under Section 300.310 Phase III and Section
300.310 (b), the RRT and OSC may use chemicals and other
materials to restrain the spread of oil and protect public health
and welfare and the environment. Expanding upon this, Section
300.910 (e) states that the RRT must evaluate the appropriate use
of dispersants, surface collecting agents, biological methods and
miscellaneous agents listed on the NCP Product Schedule. The
Region IV RRT has developed a Dispersant Use Plan to be used for
spill of oil in the coastal zone.
For the inland zone, the RRT has agreed that oil dispersants are
generally not acceptable for use. The OSC is only granted
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authority to use other chemical and biological agents, without
RRT concurrence, when human lives are threatened by the oil
spill. In non-life threatening situations, the OSC shall obtain
concurrence from EPA's representative to the RRT and, as
appropriate, the RRT representatives from the State with
jurisdiction over the navigable waters threatened by the release
or discharge. Consultation with the natural resource trustees,
Department of Commerce (DOC) and Department of Interior (DOI), is
also necessary.
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SECTION 200.
ORGANIZATION AND RESPONSIBILITIES
201. Introduction:
Federal, state and local governments have different
organizational structures and response functions during an
emergency situation. Contained in this section are the basic
responsibilities for the majority of Federal and state agencies
that either respond to or provide support to response efforts.
This includes both RRT and non-RRT member agencies. The NCP
briefly discusses each agency in Section 300.175(b).
202. Organizations:
The National Response System (NRS), as detailed in Section
300.105 of the NCP, serves to coordinate the efforts of all
applicable organizations in a focused response strategy for the
immediate and effective mitigation and cleanup of discharges of
oil and releases of hazardous substances. Presented below are
the individuals and organizations at the local, state and Federal
level, as well as the private sector, that make up the NRS.
202. 1. NATIONAL RESPONSE TEAM
The NRT is primarily a national planning, policy and coordinating
body. The NRT provides assistance as requested by an OSC via the
RRT during an incident, but usually does not respond directly to
incidents. NRT assistance usually entails technical advice,
access to additional or specialized resources and coordination
with other RRTs. Specific details are found in Section 300.110
of the NCP.
202.2. REGIONAL RESPONSE TEAM
The RRT is responsible for regional planning and preparedness
activities before response operations and for providing advice
and support to the OSC when activated during a response. The RRT
membership consists of regional representatives from each Federal
agency that participates in the NRT along with state
representation and through the state, local representation.
Federal RRT member agencies have duties established by Statute or
Executive Order which may apply to Federal response actions
following a discharge of oil or a release or a threat of release
of a hazardous substance, pollutant, or contaminant.
A. STANDING REGIONAL RESPONSE TEAM
The principal components of the RRT are a standing RRT and
incident-specific RRTs. The Region IV Standing RRT is co-chaired
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by the Chief, Emergency Response and Removal Branch, USEPA Region
IV and the Chief, Marine Safety Division, Seventh Coast Guard
District. The standing RRT consists of those members described
above. State representatives, appointed by the Governor,
typically come from the state's environmental agency and where
possible the state Emergency Management Agency.
Each member agency should designate one member and at least one
alternate member to the standing RRT. Agencies whose regional
subdivisions do not correspond to the standard Federal regions
may designate additional representatives to the standing RRT to
ensure appropriate coverage of the standard Federal region.
Federally recognized Indian Tribal governments are encouraged to
arrange for representation on the RRT. Other interested parties
may attend and observe RRT meetings. An updated roster for the
Standing RRT is presented in the USEPA Emergency Response and
Removal Branch's Field Operations Blue Book.*
To carry out the pre-response preparedness and planning charge of
the RRT, a Management Committee consisting of the Chairs of each
of the RRT Committees, the Co-Chairs and alternate Co-Chairs from
USEPA and the USCG and additional rotating members meets
periodically. Specific, continuing RRT issues are addressed by
working committees. Each working committee chair is appointed by
the RRT Co-Chairs.
The role of the standing RRT includes communications and
procedures, planning, coordination, training, evaluation of
responses, preparedness, and related matters on a region-wide
basis. These activities include, but are not limited to:
1. Providing technical assistance for preparedness and
conducting and participating as necessary in training and
exercises to encourage preparedness activities of the
response community within Region IV. At least one exercise
is planned and conducted annually;
2. Reviewing and updating the RCP;
3. Discussing, modifying, and adopting procedures to enhance
the various aspects of response coordination between local,
Tribal, State, Regional, and Federal response efforts;
4. Reviewing and commenting, where practicable, on local
emergency response plans required by SARA, Title III. Such
reviews are conducted upon the request of a Local Emergency
All contact names and phone numbers for organizations discussed in this plan
are contained in USEPA ERRB's Field Operations Blue Book. Each USEPA OSC has
been issued an official copy. One additional copy is kept in the Region IV
RRC for reference.
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Planning Committee (LEPC) , forwarded to the RRT by a State
Emergency Response Commission (SERC). The standing RRT may
also review and comment on other issues concerning the
preparation or implementation of related response plans;
5. Reviewing, evaluating, and commenting on Regional and local
responses to discharges or releases, and recommending
improvements, as appropriate.
6. Reviewing OSC actions to ensure that RCPs and OSC
contingency plans are effective;
7. Encouraging the State and local response communities to
improve their response preparedness;
8. Conducting advance planning for use of dispersants, surface
collecting agents, in-situ burning, biological additives, or
other chemical agents;
9. Meeting three times annually to review response actions,
address preparedness and pre-response activities, and
consider changes to the RCP. Meeting locations are rotated
among each of the Region IV States;
10. Providing reports on RRT activities to the NRT twice a year,
no later than January 31 and July 31;
11. Integrating, to the extent possible, ongoing planning and
preparedness activities with RRT preparedness initiatives,
and all RRT agencies;
12. Recommending revisions of the NCP to the NRT, based on
observations of response operations;
13. Providing resources for response to major discharges or
releases outside the Region upon request;
14. Evaluating the preparedness of the participating agencies
and the effectiveness of Federal response to discharges and
releases;
15. Preparing an annual work plan to coordinate emergency
response and preparedness activities; and
16. Coordinating planning and preparedness with RRTs in adjacent
Regions.
B. INCIDENT-SPECIFIC REGIONAL RESPONSE TEAM
An incident-specific RRT may be activated during a response and
consists of representatives of appropriate Federal, State, and
representatives of local governments as required by the
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circumstances of the incident. The circumstances under which an
incident-specific RRT will convene are discussed later in this
section.
An incident-specific RRT has one Chair - either the Regional
Manager for the Federal On-Scene Coordinator (OSC) or Remedial
Project Manager (RPM) responding to the incident or the USCG
Chair for a vessel in a 2nd District river. The role of the
incident-specific team is determined by the RRT response to a
specific discharge or release. Participation is relative to the
technical nature and geographic location of the discharge or
release. The RRT Chair coordinates with the RRT membership and
the OSC/RPM for the incident, to determine the appropriate level
of RRT member activation. Member agencies and States
participating with the RRT must ensure that designated
representatives or alternates can function as resource personnel
for the OSC/RPM during incident-specific events.
When activated, members of an incident-specific RRT may be
requested to:
1. Provide advice, as requested by the OSC/RPM, and recommend
courses of action for consideration by the OSC/RPM;
2. Monitor and evaluate reports from the OSC/RPM;
3. Advise the OSC/RPM on the duration and extent of a Federal
response and recommend to the OSC/RPM specific response
actions;
4. Request other Federal, State, or local government or private
agencies provide resources, under their existing
authorities, to respond to a discharge or release or to
monitor response operations;
5. If circumstances warrant (e.g., substantial movement of the
pollution into the predesignated area of another OSC lead
agency), recommend to the RRT Co-Chairs that an OSC/RPM be
changed; and,
6. Ensure continual communications with the National Response
Center (NRC) as significant developments occur.
202.3. AREA COMMITTEES
Section 4202(a)(4) of the Oil Pollution Act of 1990 requires that
Area Committees, made up of Federal, State and local officials,
be established to develop an Area Contingency Plan (ACP). The
predesignated OSC for the area serves as the Chair of the
Committee and provides general advice and guidance and directs
the Committee's development and maintenance of the ACP. The Area
Committee is also charged with a responsibility to work with
State and local officials to enhance the contingency planning
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and to assure preplanning of joint response efforts including
procedures for mechanical recovery, dispersant use, shoreline
cleanup, protection of sensitive environmental areas and
protection, rescue and rehabilitation of fisheries and wildlife.
In development of the ACP, the committee must ensure that
resources and personnel are adequate to remove or prevent a
worst-case discharge of oil in or near the area covered by the
plan. Both USEPA and the USCG are responsible for overseeing the
formation of the Area Committees and the development of the ACPs
for the inland zone and the coastal zones, respectively. The
USCG designated the 48 Captain of the Port Areas as the coastal
zones areas. In the standard Federal Region IV there are nine
coastal areas each with an Area Committee and an ACP. In the
inland zone of Region IV, the standing RRT serves as the Area
Committee.
202. 4. OTHER RESPONSE ORGANIZATIONS
Several of the participating Federal agencies have internal
organizations that assist the agency and the overall response
effort. These organizations and their functions are listed in
the following subsection.
203. RESPONSIBILITIES:
This section describes the individuals and organizations that
make up the framework of the National Response System and
discusses their responsibilities. Some of the organizations
involved in emergency response and removal actions exist as parts
of an agency. Others are created by the response to the
situation, function as a unit and disappear at the conclusion of
the event.
203.1. ON-SCENE COORDINATORS (OSC)
The OSC is the predesignated Federal official responsible for
ensuring immediate and effective response to a discharge or
release. The USCG designates OSCs for the U.S. coastal zone,
while the USEPA designates OSCs for the U.S. inland zones. The
OSC directs Federal Superfund-financed response efforts and
coordinates all other Federal efforts at the scene of a discharge
or release. In the case of a release of a hazardous substance on
a DOD or DOE facility, the responsible lead agency will designate
the OSC. If an oil discharge occurs on a DOD or DOE facility,
the USCG or USEPA will designate the OSC depending on the
location. OSC's general responsibilities are described below.
Specific duties for a discharge or release are presented in Annex
A along with a list of predesignated OSCs in Region IV.
a. Coordinates, directs, and reviews the work of other agencies,
responsible parties, and contractors to ensure compliance
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with the NCP, RCP and any other documents such as decision
documents, consent decrees, administrative orders, and/or
lead agency-approved plans.
b. Notifies the appropriate State and Federal agencies of any
reported discharges or potential discharges. OSC
notification responsibilities are discussed in Annex B.
c. Determines whether proper response actions have been
initiated. If the party responsible for the release or spill
does not act promptly in accordance with the directions of
the OSC or does not take appropriate actions, or if the party
is unknown, the OSC shall respond in accordance with
provisions of the NCP, RCP and agency guidance.
d. Collects pertinent information concerning the discharge or
release such as: its source and cause; the identification of
potentially responsible parties; the nature, amount,
location, direction, and time of discharge; pathways to human
and environmental exposure; potential impact on human health,
welfare, and safety, and the environment; possible impact on
natural resources and property; priorities for protecting
human health and welfare and the environment; and estimated
cost for the response.
e. Coordinates efforts with other appropriate Federal, State,
and local agencies to consult with and inform the RRT members
of reported discharges and releases through Pollution Reports
(POLREPs). POLREPs are discussed in Annex B.
f. Consults with the appropriate Regional or District office
regarding situations potentially requiring temporary or
permanent relocation. In the event of a declared Federal
disaster, coordinates with the FEMA Federal Coordinating
Officer (FCO) as appropriate.
g. Implements appropriate community relations activities as
presented in Annex I of this plan.
h. Appropriately addresses worker health and safety issues prior
to and during a response operation. Health and safety issues
are discussed in Annex G.
i. Coordinates with the Agency for Toxic Substances and Disease
Registry (ATSDR), as the OSC deems necessary, regarding
possible public health threats. Refer to Annex J for more
information.
203.2. REMEDIAL PROJECT MANAGERS (REM)
The RPM is the predesignated official for remedial and other
response actions being taken at sites on the proposed or
promulgated National Priorities List (NPL), and for sites not on
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the NPL but under the jurisdiction, custody, or control of a
Federal agency. It is not the intent of this plan to repeat the
remedial program found in the NCP, rather, this plan is a
emergency response and removal document. For more specific
information concerning RPMs refer to Section 300.120 of the NCP.
A list of USEPA Region IV predesignated RPMs is maintained in the
Waste Management Division Staffing Plan.
203.3. FEDERAL RRT MEMBER AGENCIES
The responsibilities of the Federal agencies listed in this
section have been established by statute, executive order, or
Presidential directive. The responsibilities listed may apply to
Federal actions in the prevention of, or following the discharge
of oil or release of a hazardous substance, pollutant, or
contaminant. Additionally, some of these agencies also have
duties relating to the restoration, rehabilitation, replacement,
or acquisition of equivalent natural resources injured or lost as
a result of such discharge or release.
During preparedness planning or in an actual response, these
federal agencies, consistent with their legal authorities and
capabilities, may be called upon to provide assistance in their
respective areas of expertise, as indicated in this section. To
be responsive to the requirements of this plan, all RRT member
agencies should plan for emergencies and develop procedures for
addressing oil discharges and releases of hazardous substances,
pollutants, or contaminants from vessels and facilities under
their jurisdiction, custody, or control. All Federal Region IV
RRT member agencies should be prepared to provide OSCs/RPMs with
assistance from their respective agencies commensurate with
responsibilities, resources, and capabilities.
Responsibilities common to all RRT member agencies include:
a. Providing representatives to the RRT and assisting the RRT in
the formulation of the RCP and providing assistance to
designated OSCs in the development of Area Contingency Plans;
b. Informing the RRT of changes in the availability of their
response resources; and,
c. Reporting discharges and releases from facilities or vessels
under their jurisdiction or control.
Each RRT member agencys' responsibilities and functions are
presented on the following pages.
203.301. UNITED STATES COAST GUARD OJSCG)
The USCG is an agency of the Department of Transportation. The
Coast Guard provides the Co-Chair for the standing RRT and
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predesignated OSCs for the coastal zone. The USCG also supplies
expertise in the domestic/international fields of port safety and
security, marine law enforcement, navigation, and construction,
and the manning, operation, and safety of vessels and marine
facilities. The USCG maintains continuously manned facilities
that are capable of command, control, and surveillance for oil or
hazardous substances releases occurring in the coastal zone and
on the major inland rivers of the region and may provide these
services to the OSC.
203.302. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA)
The USEPA provides the Co-Chair of the Region IV standing RRT and
provides OSCs for the inland zone and for all other areas for
which an ACP is required under section 311(j) of the CWA. USEPA
is responsible for providing expertise regarding environmental
effects of pollution releases and environmental pollution control
techniques. USEPA will also advise the RRT and the OSC of the
degree of hazard a particular release poses to the public health
and safety, coordinate damage assessment and will generally
provide the Scientific Support Coordinator for the inland zone.
203.303. DEPARTMENT OF AGRICULTURE (USDA)
The USDA has the capability to measure, evaluate and monitor
situations where natural resources have been impacted by fire,
insects and disease, floods, hazardous substances and other
natural or man-caused emergencies. USDA is represented on the
RRT through the United States Forest Service (USFS), the
designated member of the RRT. The USFS is responsible for
protection and management of national forests and grasslands.
The USFS maintains specially trained incident management teams
and also has capabilities to provide emergency communications
systems, specialized aircraft, and human support facilities for
large groups of people. In addition, the USDA is among those
agencies designated by the NCP as a Federal Trustee for Natural Resources.
Other USDA agencies include:
The Food and Nutrition Service (FNS), through the Food Distribution
Program, provides food as emergency assistance to disaster
victims. In appropriate emergency situations, FNS will
authorize State agencies to issue food stamps based on
emergency procedure.
Food Safety and Inspection Service (FSIS) tests meat and poultry products for
the presence of violative drugs, chemical residues, and other
adulterants.
Agricultural Stabilization and Conservation Service (ASCS) in cooperation with the
Forest Service, Soil Conservation Service, and Army Corps of
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Engineers, is responsible for emergency plans and preparedness
programs for food processing, storage, and distribution through
the wholesale level.
Animal and Plant Health Inspection Service (APHIS) provides expertise on plant
and animal diseases and health.
National Agricultural Statistics Service (NASS) serves as a source of data on
crops, livestock, poultry, dairy products, and labor. State
Statistical Offices collect and publish local information on
these topics.
203.304. DEPARTMENT OF COMMERCE (DOC)
The DOC, through NOAA, provides support to the RRT and the OSC in
areas of scientific support for response and contingency planning
in coastal and marine areas, including assessment of the hazards
that may be involved, predictions of movement and dispersion of
oil and hazardous substances and cleanup and mitigation methods.
DOC, through NOAA, has three roles within Region IV:
1. Provides the Scientific Support Coordinator (SSC), in
accordance with the NCP;
2. Serves as a Federal Trustee for Natural Resources, in accordance with the
NCP.
3. RRT member. Can provide scientific expertise on living
marine resources for which it is responsible; provide current
and predicted meteorologic, hydrologic, ice, and
oceanographic conditions; provide charts and maps; and can
provide communication services to the general public, various
levels of government, and the media via its weather wire and
weather radio system.
203.305. DEPARTMENT OF DEFENSE (POD)
The DOD can take all actions necessary to respond to releases of
hazardous substances where either the release is on, or the sole
source of the release is from any facility or vessel under the
jurisdiction, custody or control of DOD. In these situations,
DOD will provide the OSC. DOD also serves as a Federal Trustee for Natural
Resources.
The United States Army Corps of Engineers (USACOE) provides design services,
performs construction services, provides potable water when a
source becomes contaminated, conducts modelling activities,
manages locks and dams and provides navigation controls for major
rivers. The USACOE also has an Interagency Agreement with USEPA
to conduct community evacuation services when necessary.
The US Navy is the federal agency most knowledgeable and
experienced in ship salvage, shipboard damage control and diving.
The USN
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has an extensive array of specialized equipment and personnel
available for use in these areas as well as specialized
containment, collection and removal equipment specifically
designed for salvage-related and open-sea pollution incidents.
203.306. DEPARTMENT OF ENERGY (DOE)
The DOE provides the designated OSC/RPM for responses to releases
on or from any facility or vessel under its jurisdiction. Under
the Federal Radiological Emergency Response Plan (FRERP), DOE
provides advice and assistance to the RRT and OSCs for emergency
actions essential to the control of radiological hazards. DOE
also administers, implements, and coordinates the Federal
Radiological Monitoring and Assessment Plan (FRMAP) during
radiological emergencies. In addition, DOE is among those
agencies designated by the NCP as a Federal Trustee for Natural Resources.
203.307. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA provides guidance, policy and program advice and technical
assistance in hazardous materials, chemical and radiological
emergency preparedness activities. FEMA monitors and provides
technical assistance regarding public sector emergency response
planning, training and exercising for incidents involving
hazardous materials. When the President declares a disaster or
emergency, FEMA coordinates Federal assistance, through the
activation of the Federal Response Plan. Coordination with the
Federal Coordinating Officer (FCO) in a situation where both the
Regional Contingency Plan and the Regional Response Plan
authorities are active takes place through the Emergency Support
Function # 10 which is included as an Annex to this plan.
203.308. GENERAL SERVICES ADMINISTRATION (GSA)
The GSA, upon request, provides logistical and telecommunications
support to Federal RRT agencies. The support includes, but is
not limited to, provision of space, transportation, supplies,
telecommunications, and procurement-related services. GSA
personnel may be located at the scene of the oil or hazardous
material release, or at their regular duty stations, depending on
the specific requirements of the OSC or the emergency situation.
Expenses incurred by GSA in providing requested assistance to
other agencies must be reimbursed.
203.309. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
HHS is responsible for providing expertise and advice on public
health and worker safety issues associated with releases or
threatened releases of hazardous substances; for all health
studies and surveys conducted under CERCLA; and for providing and
maintaining information concerning the health effects of toxic
substances.
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The principal HHS response comes from the United States Public Health Service
(USPHS). This response is coordinated from the USPHS regional
office. The primary response to a hazardous materials emergency
comes from the Agency for Toxic Substances and Disease Registry (ATSDR) and the
Centers for Disease Control (CDC). Both ATSDR and CDC maintain a 24 hour
emergency response capability and through scientific and
technical personnel provide technical assistance to the lead
federal agency and state and local response agencies on human
health threat assessment and analysis and exposure prevention and
mitigation. Such assistance is used for situations requiring
evacuation of affected areas, human exposure to hazardous
materials and technical advice on mitigation and prevention. CDC
takes the lead during petroleum discharges regulated under the
CWA and OPA while ATSDR takes the lead during chemical releases
under CERCLA.
203.310. DEPARTMENT OF THE INTERIOR (POD
DOI will provide, through its Regional Environmental Officer
(REO), technical expertise to the OSC and the RRT with respect to
land, fish, wildlife and other resources for which it is
responsible. The REO is the designated DOI member to the RRT and
can provide information concerning the lands and resources
specifically under DOI jurisdiction, as well as offer technical
expertise related to geology, hydrology, minerals, fish and
wildlife, cultural resources, and recreation resources. Under
Executive Order 12580, DOI is among those agencies designated by
the NCP as a Federal Trustee for Natural Resources.
DOI has direct jurisdiction for the protection of resources on
its own lands, as well as trustee responsibilities for certain
natural resources, regardless of location. The DOI natural
resource trusteeship that extends beyond DOI site boundaries
includes migratory birds, anadromous fish, and endangered or
threatened species and their critical habitat.
Within the Department, individual bureaus have specific
responsibilities and capabilities which are listed below. Each
bureaus may be contacted through the DOI Regional Environmental
Officer.
The United States Fish and Wildlife Service (USFWS) provides expertise on
migratory birds, endangered and threatened species, and
wildlife habitat, and can advise on fish and wildlife
protection methods,endangered and threatened species, waters
and wetlands and effects on natural resources. The agency can
provide information on national wildlife refuges and national
fish hatcheries managed by USFWS. It has the expertise
necessary to disperse or capture birds, and to coordinate bird
rehabilitation activities at spill sites in conjunction with
respective State wildlife conservation agencies. USFWS issues
migratory bird rehabilitation permits to qualified individuals
and/or organizations that may be available to assist in
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rehabilitation operations related to oil spill incidents. The
National Park Service (NPS) provides general biological, natural and
cultural resource managers to evaluate, measure, monitor and
contain threats to park land and resources; historic,
archeological, architectural, and recreational resources and
sites on the National Register of Historic Places. The NPS can
provide information on units of the national park system,
including national parks, lake shores, monuments, national
historic sites, rivers, and recreation areas.
The United States Geological Survey (USGS) provides advice and information
concerning geohydrologic, geologic and geochemical data, and
ground and surface water data, as well as maps. USGS maintains
stream flow gauges in every State and can provide historical
stream flow information, assist in predicting the
time/travel/trajectory of spills, and can collect and analyze
surface and groundwater samples.
The Bureau of Indian Affairs (BIA) coordinates activities affecting
Indian Tribal lands, and provides assistance in identifying
Indian Tribal government officials.
The Bureau of Land Management (BLM) has expertise in minerals, soils,
vegetation, archeology, and wildlife habitat.
The Bureau of Mines (BOM) assists in the analysis and identification
of inorganic hazardous substances, and has technical expertise
in metals and metallurgy relevant to site cleanup. BOM has
expertise in minerals (occurrence, production, and research),
mining, mining techniques, and metallurgical practices.
The Bureau of Reclamation (BOR) has expertise in water management, flow
control, and water quality improvement. BOR can perform well
drilling and subsurface hyrogeological investigation and
analysis.
203.311. DEPARTMENT OF JUSTICE (DO.D
The DOJ members of the RRT serve as representatives for their
agency and not as legal counsel to the RRT or its member
agencies. Although the DOJ representative to the RRT is not a
substitute for member agencies' in-house counsel, the DOJ
representative will be able to offer the advice, views, and
expertise of the Department with respect to the RRT's long-term
planning and incident-specific functions.
The Department's primary role is to serve as litigation counsel
for the Federal government and as legal counsel on enforcement
and inter-agency matters. As a consequence, DOJ participation in
RRT activities will ordinarily focus on litigation concerns of
response activities and inter-agency coordination. In this
capacity, the role of the DOJ representative might include:
general legal advice; review and comment on regional planning and
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procedural documents; and incident-specific assistance, including
assigning staff attorneys when the incident may result in
litigation or raise difficult issues of interagency coordination.
203.312. DEPARTMENT OF LABOR (POL)
DOL, through the Occupational Safety and Health Administration (OSHA), conducts
safety and health inspections of hazardous waste sites to ensure
employees are being protected and to determine compliance with
its regulations. Through OSHA, DOL will also provide the OSC/RPM
with advice, guidance, and assistance regarding hazards to
persons involved in response activities and in the precautions
necessary to prevent harm to their health and safety.
203.313. THE DEPARTMENT OF STATE (DOS)
The DOS leads in developing joint international contingency
plans. It also provides assistance in coordination when a
pollution release crosses international boundaries or involves
foreign flag vessels. DOS coordinates requests for assistance
from the Government of Canada and United States proposals for
conducting research at incidents that occur in Canadian waters.
203.314. DEPARTMENT OF TRANSPORTATION (DOT)
DOT provides expertise regarding transportation of oil or
hazardous materials by all modes of transportation. Through the
Research and Special Programs Administration, DOT offers
expertise in the requirements for packaging, handling and
transporting hazardous materials.
The Office of Pipeline Safety oversees the operation of interstate
pipelines and is responsible for the approval of Facility
Response Plans for pipelines.
203.315. NT If! .FAR REGULATORY COMMISSION
The NucRegComm will respond, as appropriate, to releases of
radioactive materials by its licensees to monitor the action of
those licensees and assure that the public health and environment
are protected and adequate recovery operations are instituted.
The NucRegComm will also provide advice to the OSC and the RRT
when assistance is required in identifying the source and
character of other hazardous substance releases where the
NucRegComm has licensing authority for activities utilizing
radioactive materials.
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203.4. STATE RESPONSIBILITIES
Because of the diversity of incidents involving oil and hazardous
substances and the potential impact to public safety as well as
to public health, welfare and the environment, the Governor of
each State is requested to designate representatives to the RRT
from both the agency responsible for response to environmental
emergencies and the state emergency management agency. Each
State representative may participate fully in all activities of
the RRT and are expected to coordinate with the State Emergency
Response Commissions (SERC) in their respective States in order
to communicate and coordinate preparedness and pre-response
planning activities between the State and the RRT. State and
local government agencies are encouraged to coordinate the State
contingency planning efforts for response to hazardous material
events with this plan and with requirements of SARA Title III and
OPA.
Section 300.180 of the NCP describes State and local
participation in a response. Ordinarily, State and local public
safety organizations are the first government representatives at
the scene of a discharge or release. As first responders they
are expected to initiate public safety measures, consistent with
containment and cleanup requirements as stated in the NCP, that
protect the public health and welfare. They are also responsible
for directing evacuations pursuant to existing State or local
procedures.
Contact names and phone numbers for State organizations are
maintained in the USEPA Region IV Field Operations Blue Book.
203.5. LOCAL OPERATIONS
As provided by Sections 301 and 303 of Superfund Amendments and
Reauthorization Act (SARA), the 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 designated
an official to serve as coordinator for information. The Region
IV RRT places a great deal of emphasis on states assisting local
communities in the development of local contingency plans.
Local governments, because of their proximity to the event are
usually the first responders on the scene. They will deploy
response resources within their capability, usually in
coordination with the State. Their primary concern is with the
protection of the population at risk. This includes activities
such as alerts and warnings, notifications, evacuations or in-
place sheltering, law enforcement, emergency medical response,
rendering continuing assistance to the community to include
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provision of shelter and mass care and other functions relating
to the protection of the public. When protection of the public
is at issue and a unified command system is in place, the local
Incident Commander usually assumes a unified command role.
During responses to oil spills, local agencies may not be
involved as part of the unified command, but provide agency
representatives who interface with the command structure.
203.6. OWNERS/OPERATORS
Section 4202(a)(5) of OPA requires owners and operators of tanks,
vessels or facilities, as described in Section 4240(a)(5)(B), to
prepare and submit to USEPA for review, a Facility Response Plan
(FRP). The plans shall describe in detail the procedures for
preventing or responding to a worst-case discharge from the tank
vessel or facility.
In the event of a release or threat of a release, the owner(s)
and/or operator(s) are responsible for conducting notification
procedures response in accordance with the NCP.
203.7. PRIVATE, NON-GOVERNMENTAL ORGANIZATIONS
Within Federal Region IV, there are a number of private and non-
governmental groups that can provide assistance during a
response. Industries, co-operatives, academic groups, and others
are encouraged to provide assistance and resources. Often the
most significant contributions are their technical expertise and
response equipment. Several groups are discussed below:
203.701. ENVIRONMENTAL ORGANIZATIONS - To be developed
203.702. COOPERATIVES - To be developed
203.703. VOLUNTEERS - To be developed
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203.8. NATURAL RESOURCE TRUSTEES
Section 101 of CERCLA and Subpart G of the NCP designate, on
behalf of the President, those federal officials who will act as
Natural Resource Trustees and sets forth their responsibilities.
State trustees and Indian tribe chairmen are appointed to
represent their respective State's or Indian tribe's natural
resources. For this plan, trustees' responsibilities are
consistent with those presented in Section 300.615 of the NCP.
It is the responsibility of the Incident OSC, either directly or
through the RRT, to promptly notify the appropriate trustees if
natural resources are or may be damaged by the discharge.
In Region IV, the Federal Trustees are represented by the
following RRT members:
a. Department of the Interior Representative: for national parks, national
monuments, national historic sites, national recreation
areas, wild and scenic rivers, national wildlife refuges,
national fish hatcheries, waterfowl production areas,
migratory birds and endangered species, public lands, lands
and waters managed or protected in association with
Reclamation dams, reservoirs and water conveyance systems,
Federally-owned minerals, Indian Reservations, and other
lands or natural resources held in trust for an Indian
Tribe;
b. Department of Commww's NOAA Representative: The Secretary of Commerce
shall act as trustee for natural resources managed or
controlled by DOC or by other federal agencies and that are
found in or under waters navigable by deep draft vessels, in
or under or using tidally influenced waters or waters of the
contiguous zone, the exclusive economic zone and the outer
continental shelf.
c. Department of Agriculture's Forest Service Representative: for national forests
and grasslands
d. Department of Defense:
1. DOD USArmy Representative: for military lands
2. USACE Representative: for Corps of Engineers Project
Lands
e. Department of Energy:
f. State's: are designated by the Governor of each State, Names
and phone numbers can be found in the USEPA ERRB's Field
Operations Blue Book.
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SECTION 300. CONCEPT OF OPERATIONS
301. GENERAL
The response to an incident involving oil or hazardous substances
that requires federal action and assistance will be made by a
predesignated Federal OSC. The role and responsibility of the
OSC is to direct and coordinate Federal resources and assist in
managing the technical/removal aspects of an oil or hazardous
substance incident that presents a public health or environmental
threat. When hazardous substances are involved, Federal OSCs
normally do not assume command of specific local emergency
management functions from local commanders unless specifically
requested to do so and feel capable of assuming that role.
Response actions during incidents involving oil or hazardous
materials often are directed toward two separate but related
threats or impacts. Simply stated, these are:
1. Public Safety: A response to manage the emergency conditions
caused by the release of the material which directly threatens
the lives of people at risk, i.e., threats to public safety and
property. This response is usually made by local first
responders to the extent of their capability.
2. Public Health and Environmental: A parallel response to "manage"
(contain, cleanup, remove dispose etc.) the released product.
For incidents involving protection of the public, via fires,
explosions, releases of toxic airborne clouds or other similar
incidents, there is usually little or no Federal involvement in
that activity beyond communicating the risk imposed by the
released material. The role of the federal government is not
protection of public safety and secondly, the response time to
the scene is usually several hours. Local public safety (fire,
law enforcement, emergency medical) agencies and officials are
the first responders regardless of the magnitude of the incident.
They may establish an Incident Command System and direct
appropriate response actions.
When incidents occur on public property, such as a transportation
incident on a public highway or railway, the party responsible
for the incident is required to cooperate with and aid the local
responders but typically does not direct or implement fire
fighting, evacuations or other first responses to the•incident.
The responsible party (spiller), state environmental agencies and
the OSC assume a more proactive role when the situation requires
a response to manage environmental and public health protection.
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Local response personnel continue to manage public safety issues
and provide support and assistance to the OSC within their
capabilities. Thus, a discharge or oil or a release of a
hazardous substance(s) may pose a threat or impact to public
safety, public health and welfare, property or the environment.
In an incident during which this plan is activated and a federal
OSC response is required, a multi-organizational response network
may be deployed to meet the varied demands of the situation.
Included in this network, are resources of the Federal, State and
local governments, the responsible party, response contractors
and in some cases volunteer groups and individuals.
In the first response situation, local response forces are
normally the first on scene and undertake response actions in
accordance with local plans and capabilities. It is likely that
the first response forces will establish an Incident Command
System. The response mechanisms in this plan are designed to
incorporate into and function within a comprehensive command and
control structure. This unified command system expands the
initial ICS and facilitates a coordinated response effort which
takes into account the Federal, State, local and responsible
party responsibilities, concerns and interests when implementing
the response strategy. See Annex A for details on the Incident
Command/Unified Command System.
The role of State agencies in a public safety response during the
early stages of an incident is to provide advice and assistance
to local responders. During major incidents, state and Federal
responders will be available to provide additional assistance to
the local incident commander by providing technical assistance
such as air, water and soil sampling, analysis of chemicals,
providing specialized resources and equipment from agency or
contractor sources and providing detailed advice or other
assistance.
Region IV maintains a sufficient quantity of response vehicles,
monitoring devices and safety equipment to allow for safe and
effective response to most incidents. The agency does not
maintain an ability to conduct removal operations utilizing its
own personnel and equipment. When applicable, the OSC possesses
the authority to utilize a commercial clean-up contractor to
perform removal operations. The OSCs function on-scene it to
investigate the incident as well as direct Federal fund financed
removal operations to minimize the impact on the public and
environment.
The first Federal official affiliated with a RRT agency to arrive
at the scene of a discharge or release should coordinate
activities under the NCP, RCP, and agency guidance until the
predesignated OSC is available. That Federal official should
consult directly with the predesignated OSC regarding any
necessary initial actions. Fund-financed operations must be
authorized by the OSC prior to implementation.
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302. MULTIREGIONAL RESPONSES
If a discharge or release moves from the area covered by one RCP
or OSC/RPM contingency plan into another area, the authority
for response actions should likewise shift. If a discharge
or release affects areas covered by two or more RCPs, the
response mechanisms of both may be affected. In this case,
response actions of all regions concerned shall be fully
coordinated as detailed in the RCPs.
There shall be only one OSC and/or RPM at any time during the
course of a specific response operation. Should a discharge or
release affect two or more areas, USEPA, USCG, the Department of
Defense, Department of Energy, or other lead agency, as
appropriate, shall give prime consideration to the area
vulnerable to the greatest threat, in determining which agency
should provide the OSC and/or RPM. The RRT shall designate the
OSC and/or RPM if the RRT member agencies who have response
authority within the affected area are unable to agree on the
designation. The NRT shall designate the OSC and/or RPM if
members of one RRT or two adjacent RRTs are unable to agree on
the designation.
Where USCG has initially provided the OSC for response to
releases from hazardous waste management facilities located in
the coastal zone, responsibility for response action shall shift
to USEPA or another Federal agency, as appropriate. The OSC/RPM
shall be provided by the Region within which the release occurs,
or according to preestablished protocols.
303. REMOVAL ACTIONS
The NCP Section 300.415 states that at any release, if the
quantity of contamination in the environment is great enough to
threaten or damage public health or the environment, the lead
agency can take any appropriate actions to remove or minimize the
release or threat of release. This also includes actions to the
restore the environment to pre-incident conditions. Often these
removal actions take place somewhat later than the public safety
protection measures. Whether conducted by the responsible party,
the State or the Federal government, removal actions can go on
for a much longer period of time. Classical removal actions,
such as those taken by a Federal OSC can include the placement of
containment and recovery devices, sampling of soil, air, run-off
and water bodies, excavating soil, performing hydrogeological
investigations and other similar "technical" activities.
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SECTION 400. ADMINISTRATION AND LOGISTICS
401. REPORTING
Pollution Reports (POLREPS): are prepared by the designated OSC for
each release or potential release in which an on-scene response
occurs. The OSC submits POLREP's to the RRC as significant
events occur. For medium and major releases, a POLREP will be
submitted on a regular or periodic basis until, in the judgement
of the OSC, the response operation and impact of the discharge or
release have stabilized.
OSC Reports: OSCs shall submit OSC reports to the RRT or NRT
only if requested as provided by Sec. 300.165 of the NCP.
For information on reporting requirements and procedures during a
response refer to Annex B further in this plan.
402. RECORDKEEPING
Documentation to support all actions taken under the various
response authorities must be sufficient to support full cost
recovery for resources utilized. These records shall identify
the source and circumstances of the incident, the responsible
party or parties and impacts and potential impacts to public
health and welfare and the environment. Refer to Annexes A and B
for details.
403. FUNDING
The person(s) responsible for discharges or releases are liable
for the cost of the cleanup. The OSC shall attempt to have the
party responsible for the discharge or release voluntarily assume
responsibility for containment, removal and disposal and
restoration operations. If the OSC determines that the
responsible party is not responding properly, the OSC shall take
appropriate actions established by OPA, CWA or CERCLA. The OSC
shall notify the responsible party of the potential liability for
federal response costs incurred by the OSC pursuant to the
appropriate authorities. See Annex H for details on Funding and
Contracting.
404. IAGs AND MOUs
To facilitate response operations, the USEPA and several other
Federal agencies have entered in Interagency Agreements (IAGs) or
Memorandums of Understanding (MOUs). Details on specific IAGs
and MOUs are presented Annex N of this plan.
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SECTION 500. DIRECTION AND CONTROL
Response activities taken under this plan will be under the
direction of a Federal Incident OSC. The Incident OSC,
consistent with sections 300.120 and 300.125 of the NCP, shall
direct response efforts under the NCP and this plan and
coordinate all other efforts at the scene of a discharge or
release. Incident OSCs for the inland zone of the region are
appointed by the USEPA Regional Administrator. First line
supervision and specific designation is made by the Chief,
Emergency Response and Removal Branch.
The first Federal official affiliated-with a RRT member agency to
arrive at the scene of a discharge or release should coordinate
activities under the RCP and is authorized to initiate, in
consultation with the responding Incident OSC, any necessary
actions normally carried out by the Incident OSC until the
arrival of the pre-designated Incident OSC.
The Incident OSC has the ultimate authority in a response
operation with respect to all actions and issues involved with
the protection of public health and the environment.
The Incident OSC, upon arrival at the scene will, if no system is
in place, establish a Unified Command System which will include
the Incident Commander, the state Incident OSC and the
Responsible Party's Incident Manager.
The Regional Response Center, located within the USEPA Regional
Office in Atlanta is the coordination center for all inland zone
responses conducted by an USEPA designated Incident OSC. Coastal
zone responses will be controlled and coordinated through the
provisions of the appropriate Area Contingency Plan. Coastal
spills or open ocean spills covering two or more COTP zones will
be coordinated at the District Operations Center.
-28-
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ANNEX A:
RESPONSE ORGANIZATION AND OPERATIONS
PURPOSE and SCOPE: Every spill, although unique in location,
size, and surrounding environment, requires an organized response
performed by qualified personnel. The key to a successful
response is effective coordination and management of resources.
This Annex presents the EPA Region IV's command structure for
organizing people and resources. Given the multitude of problems
encountered during a worst-case discharge, the structure has been
separated into specific functions which are presented in detail
throughout this Annex and following Annexes.
PROCEDURES: A brief description of a spill scenario is
presented in the beginning of the Annex. This is to familiarize
the reader with the possible conditions of a spill and to give a
sense of where the various command centers and resources are
located. The remainder of the Annex is a flow chart of EPA's
Command Structure. The entire chart is presented showing all the
various functions and their relationship to the Incident On-Scene
Coordinator. The chart is further divided into specific
responsibilities which serve as a checklist or reminder of
actions to consider for performance, if applicable to the
particular incident.
A SPILL SCENARIO: During a spill event, particularly a worst-
case spill, the EPA Region IV Emergency Response and Removal
Branch's Telephone Duty OSC is notified by either the discharger,
the State, or the National Response Center. The Telephone Duty
OSC, after collecting as much information as possible, determines
if the discharge poses a substantial threat to public health or
welfare. If it is determined that there is a significant or
suspected significant threat, then the Telephone Duty OSC sends
the Incident OSC to the spill site along with any necessary
resources. For more specific information on notification
procedures refer to Annex B.
Once at the site, the Incident OSC evaluates the effectiveness of
any activities being conducted either to contain the release,
prevent its spread into the environment, or to collect material
already spilled. Given a typical scenario, the discharger
conducts the necessary response activities. The Incident OSC
oversees or directs the discharger to ensure that the contractor
conducts work according to the appropriate regulations and rules
of safe practice.
Under EPA Region IV's worst-case scenario, the party(ies)
responsible for the discharge are unable or unwilling to take any
response measures. Given such conditions, even small spills
A-1
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demand a very structured organization and coordination system.
Typically the magnitude of the release is not obvious in the
first few hours. As the impact becomes more severe, the Incident
OSC's support requirements escalate requiring additional
personnel and equipment to be sent to the scene. To handle these
increases, command centers need to be established. The Mobile
Command Post serves as the Forward Command Post for responders in
the field while the Incident OSC relocates to an Incident
Operations Center (IOC) away from site activities. This allows
the Incident OSC to coordinate between the RRC in Atlanta, confer
with RRT, and direct all field activities without becoming
overwhelmed by minor problems.
Since no one OSC can handle all the demands of a response,
Cleanup Teams and Advance Teams, head§d by OSCs, are sent to the
field. Cleanup Teams lead or oversee the containment, recovery
and cleanup efforts going on in areas that have been impacted by
the spilled material. Advance teams go downstream or into areas
that have not been impacted yet to determine resource needs and
take proper preventative measures. All field teams report back
to and receive concurrence from the Incident OSC regarding any
activities.
ADDITIONAL INFORMATION:
Additional information on the following
subjects can be found,in the indicated Annex:
Comntuni cat ion
Incident Command Center
Annex B
Annex B
Annex B
Annex B
Annex C
Annex C
Annex B
Mobile Command Post
Notification
Response Evaluation
Response Strategies
Telephone Duty OSC
A-2
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ORGANIZATIONAL CHART
DISCHARGER!
STATE
i LOCAL H
DOCUMENTATION!
PUBLIC/
i COMMUNITY
1 AFFAIRS
INCIDENT
OSC
MANAGEMENT SUPPORT
\/ ¦ REGIONAL
/ . RESPONSE
! REGIONAL x; CENTER _
RESPONSE !
i TEAM !
REGIONAL
INCIDENT
COORDINATION
JEAM
\
ENFORCEMENT
CLAIMS
"l\
SCIENTIFIC
SUPPORT
COORDINATOR
T ~T"
LOGISTICISI
[how Clean Is Clean?! J*]
PUBLIC i
HEALTH:
NATURAL !
RESOURCES i
CLEANUP :
TEAM
ADVANCE
TEAM
-------
LOCK/DAM
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ORGANIZATIONAL CHART
INCIDENT OSC
SCOPE: The Incident OSC is the predesignated Federal official
responsible for ensuring immediate and effective response to a
discharge. The Chief of EPA Region IV's Emergency Response and
Removal Branch (ERRB) will appoint the Incident OSC for each
spill. In most cases it will be the On-call OSC originally sent
to the spill. For "worst-case" type spills, additional OSCs may
be needed to fill the variety of roles in the response. All
activities, whether conducted by other OSCs or response
personnel, must be coordinated through the Incident OSC.
The Incident OSC shall designate individuals from Federal, State,
local and private groups, as necessary, to fill the designated
functions under the Command System. Depending upon the spill
situation, one individual may fill several functions or one
function may require an entire support staff. As with any
command structure, all activities conducted under a particular
function shall be coordinated through the Incident OSC.
Although the Incident OSC has authority to make decisions,
recommendations and input from other members of the response
structure should be consulted.
A-5
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INCIDENT OSC
RESPONSIBILITIES:
Respond in accordance with NCP, USEPA and other agency
guidelines.
Direct Federal Superfund or Oil Spill Liability Trust Fund
financed response efforts and coordinate all other
Federal efforts at the scene of a discharge or release.
Ensure that proper response actions have been initiated.
If the party responsible for the release or spill does
not act promptly in accordance with the directions of the
OSC or does not take appropriate actions, or if the party
is unknown, the OSC shall respond in accordance with
provisions of the NCP, RCP and agency guidance.
Coordinate activities between dischargers, Federal, State
and Local agencies, and private sector parties. Also,
inform the RRT members of reported discharges and
releases through Pollution Reports (POLREPs).
Consult the RRT.
Obtain proper funding for response activities.
Ensure the following are conducted:
* cost monitoring and documentation
* proper health and safety for responders
* public information and community relations
* documentation of spill and response activities
* natural resource trustees are notified
* Polreps and reports are prepared
Authorize the use of dispersants, surface collecting
agents, burning agents, or biological additives without
obtaining concurrence from the RRT ONLY when the use of
the product is necessary to prevent or substantially
reduce a hazard to human life. The Incident OSC must
receive concurrence from the RRT to use such agents if
human lives are NOT in immediate danger.
Consults with the Army Corps of Engineers regarding
situations potentially requiring temporary or permanent
relocation.
Implement appropriate community relations activities.
Address worker health and safety issues.
Coordinate with the Agency for Toxic Substances and
Disease Registry (ATSDR), as necessary, regarding
possible public health threats.
A-6
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INCIDENT OSC
AUTHORITIES
National Contingency Plan § 300.120
Clean Water Act § 311
Oil Pollution Act
CERCLA § 104
ADDITIONAL INFORMATION
Additional information on the following subjects
can be found inthe indicated Annex:
Cost Monitoring
Do cumentation
Funding
Health and Safety
Natural Resource
Trustees Base
Notification
Pollution Reports
Predesignated OSCs
Public Health
Public Relations
Annex H
Annex B
Annex H
Annex G
Plan & Annex
Annex B
Annex B
Appendix A-l
Annex J
Annex I
A-7
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ORGANIZATIONAL CHART
INCDENI
OSC
SCOPE: The urgent nature of a discharge often requires
response initiation before undertaking extensive enforcement
activities. For example, emergencies typically allow time for
only limited enforcement, such as an oral demand for cleanup. In
these circumstances, the NCP gives an OSC the authority to
balance enforcement priorities with those of environmental
protection, allowing the OSC to choose the latter as a means of
achieving USEPA's primary goal of protecting public health and
the environment.
If the identity of the responsible party (RP) is known, the
Incident OSC shall verbally inform them of their responsibilities
and liability regarding the discharge and response activities.
The Incident OSC shall oversee the work being conducted by the
RPs to ensure compliance with the Facility Response Plan (FRP),
CERCLA, OPA, the NCP and any other pertinent plans. When the RP
refuses to conduct response activities, the Incident OSC shall
conduct response activities and secure funding through Superfund
or the Oil Spill Liabiliby Trust Fund. It is up to the Incident
OSC to determine the RP's role during an USEPA or OPA funded
response.
Oil Discharges: Each responsible party for a vessel or a facility
from which oil is discharged, or which poses the substantial
threat of a discharge of oil, into or upon the navigable waters
or adjoining shorelines or the exclusive economic zone is liable
for the removal costs and damages specified in Section 1002 of
OPA.
Hazardous Substances Dischargers: Basic liability provision for
dischargers are detailed in Section 107 of CERCLA.
A-8
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ORGANIZATIONAL CHART
|INCD04T|
I osc I
SCOPE: Section 300.180 of the NCP describes State and local
participation in a response. Ordinarily, State and local public
safety officials are the first responders and initiate public
safety measures, consistent with consistent with containment and
cleanup requirements as stated in the NCP, that protect the
public health and welfare. During a response, both State and
local officials are involved in the decision making process. The
Incident OSC and these officials should consult with one another
on a regular basis throughout the response. All Federal, State
and local activities should be coordinated to maximize the
effectiveness of the response.
RESPONSIBILITIES: The State RRT representative shall ensure
that the following actions are completed as appropriate:
Notify downwind communities and downstream water users
(municipal, industrial, and agricultural) of all
discharges and releases that may threaten them or take
any initial actions to minimize the impact or damage
associated with the discharge. Inform the Incident OSC
regarding downstream/downwind communities and resources.
Direct evacuations pursuant to existing State or local
procedures.
A-9
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STATE and Local
Responsibilities Continued:
Notify and coordinate with appropriate State, county and
municipal agencies, including State trustees for natural
resources and the State emergency management system.
Serve as liaison between State and Federal government.
Be responsible, in conjunction with the Incident OSC, for:
* Selection of disposal sites and staging areas;
* Arrangement for the use of disposal sites;
* Selection of transport routes to disposal sites;
* Making arrangements with the State Emergency Management
Agency to provide security for all on-scene forces and
equipment. This includes establishing local liaisons
with hospital, emergency services, and police
personnel, and in restricting entrance to hazardous
areas to essential personnel;
* Assist the Incident OSC in determining and providing
advice on the degree of hazard to public health and
safety;
* Assume responsibility for operation and maintenance of
a site to the degree consistent with its authority and
resources, if necessary and when no responsible party
has been identified; and,
* Advise the Incident OSC on the use of dispersants and
other chemicals.
Assist in the development of cleanup goals and in
determining "how clean is clean?"
A-10
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organizational chart
Co-Chairs
EPA & USCG. 7th Dfc.
MEMBER LIST
Dept.oftnteaor
Dept. of Defence
Dept. of State
Depf.of&egy
Dept.ofComme»ce
Hedh&HumtnRes.
Depf.ofAgiajliie
Depf. of labor
DeptofJusSce
Fed. Brag.Mgnt Agency
State Representors
SCOPE: As described in Section 300.115 of the NCP, the
Regional Response Team provides assistance and advice to the
Incident OSC. During a spill, the members of the RRT shall make
available to the Incident OSC the resources of their agencies as
specified in this plan. Detailed information on the role of the
RRT along with specific members and their resource capabilities
is presented in Section 200.2 of the Base portion of this plan.
ACTIVATION: An Incident Specific RRT may be activated by
either the Incident OSC, the Co-chair of the agency that provided
the Incident OSC, or upon request of any member agency. Any
activation, either partial or full, occurs by telephone and is
later confirmed in writing. Procedures for activating the RRT
are presented in Appendix B-3 of Annex B.
A-11
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RRT
RESPONSIBILITIES: The exact role of an Incident RRT is
determined by the requirements of the specific discharge or
release. Some general responsibilities include:
Provide advice, as requested by the Incident OSC, and
recommend courses of action for consideration.
Monitor and evaluate reports from the Incident OSC.
Advise the Incident OSC on the duration and extent of a
Federal response and recommend specific response actions.
Request other Federal, State and local government or
private agencies provide resources, under their existing
authorities, to respond to a discharge or to monitor
response operations.
Provide equipment and resources within the response,
resources and capabilities of the Agency or State. Also
assist in the coordination of the equipment or resources.
Assist the Incident OSC with public information releases.
Consult with the Incident OSC when a request has been made
to use dispersants, surface collecting agents, other
chemical agents, burning agents or biological additives.
Provide facilities and personnel for communications and
information exchange.
Consult with the National Response Team (NRT) when a
discharge or release exceeds the capabilities of the RRT.
ADDITIONAL INFORMATION:
Ccanmunica t ions
Annex E
Dispersants and
chemical agents
Annex C
National Response Team
Base Plan
Public Information
Annex I
RRT membership
Base Plan
Reports
Annex B
Response strategies
Annex C
A-12
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ORGANIZATIONAL CHART
NCDENTi
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-------
RICT
ACTIVATION: Detailed procedures for activating the RICT are
included in the RICT Operational Guidelines. June 1993. Based
upon the conditions of the release and expertise needed, the RICT
chair will notify the designated members of the "Active Status".
Once activated, members will be accessible 24-hours a day unless
otherwise notified by the RICT chair.
RESPONSIBILITIES:
Serve as a focal point for overall coordination of USEPA
Region IV's internal response*efforts.
Support the Incident OSC in any way possible.
Keep the Regional Administrator and other appropriate
management apprised of on-going activities.
Assist the RRT with coordination efforts.
Assist the Emergency Support Functions (ESFs) when the
Federal Response Plan is activated.
Assist in coordination and communication between USEPA
Region IV's RRC, USEPA Headquarters EOC and other Federal
and State agencies.
A-14
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ORGANIZATIONAL CHART
L-t—
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HIM V
INCIDENT
l°*°7c"P
DOCUMENTATION
SCOPE: The accurate recording of response activities, funds
spent and decisions made is vital to many of the activities that
occur days to months after the response is completed. Such
documentation is useful in enforcement and cost recovery cases,
natural resources damage assessments and responder training
courses. Documentation can vary from keeping a simple logbook to
recording detailed expense reports. The Incident OSC shall
select a person to coordinate documentation activities either on
their own or through the support of a documentation team.
Further information on documentation requirements is contained in
Sections 300.160 and 300.315 of the NCP and Annex B of this plan.
RESPONSIBILITIES:
Record spill history and on-going response actions.
Take photographs and video footage of on-going activities
and site conditions.
Prepare POLREPS and other reports.
Prepare or obtain maps.
Maintain OSC logbook.
Perform cost tracking and coordinate with National
Pollution Fund Center.
Conduct administrative activities for Incident OSC.
A-15
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DOCUMENTATION
RESOURCES: Technical Assistance Team (TAT)
USCG Strike Team
Regional Response Center (RRC)
other OSCs
Government Services Administration (GSA)
Additional Information
Cost Tracking
Annex
H
Equipment
Annex
D
Logbooks
Annex
B
National Pollution
Fund Center
Annex
H
Reports
Annex
B
Strike Team
Annex
J
Technical Assitance
Team
Annex
J
A-16
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ORGANIZATIONAL CHART
INCIDENT
osc
PUBLIC AFFAIRS
SCOPE: Sections 300.155, 300.415, 300.430 and 300.435 of the
NCP outline the requirements for providing accurate information
to the public during an emergency response. Often the demand for
information is overwhelming and it is critical that a system for
distributing information be established immediately. This can be
accomplished through the selection of a public information
officer or an entire public information team. A brief overview
of responsibilities is presented below. Procedures for public
information activities are contained in Annex I.
RESPONSIBILITIES:
Prepare, coordinate, and conduct press conferences.
Serve as the liaison between the Incident OSC and the
Regional Administrator and other dignitaries. Ensure
that such persons are kept informed of response
activities and related issues.
Escort dignitaries that visit the response scene.
Prepare and distribute press releases and fact sheets.
Respond to inquiries from citizens, private groups, media,
and any other concerned parties.
Prepare joint statements with State, dischargers, and
other Federal agencies.
Assist the Incident OSC with any public issues that arise.
A-17
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PUBLIC INFORMATION
RESOURCES: USEPA Community Relations Coordinator
USEPA Office of Public Affairs
USEPA Office of Congressional Affairs
Public Information Assist Team
Joint Information Center
Additional Info
Public Information
Annex
I
Public Information
Assist Team
Annex
I
Joint Information
Center
Annex
I
Press Releases
Annex
I
A-18
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ORGANIZAIIONAL CHART
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HEALTH
NATURAL
RESOURCES
SCIENTIFIC SUPPORT COORDINATOR:
SCOPE: When responding to an oil or hazardous substance
release the Incident OSC and other responders must be able to
draw upon the scientific and technical knowledge of experts in
subjects such as chemistry, wildlife biology, hydrology, and
engineering. Gathering such experts together and keeping them
organized requires someone's full time attention. Due to the
other demands placed upon the Incident OSC, it is often necessary
to enlist the support of a Scientific Coordinator who will be the
liaison between the responders and the scientific community.
Annex J contains detailed procedures for conducting scientific
support activities.
A-19
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SCIENTIFIC SUPPORT
RESPONSIBILITIES:
Coordinate the activities of the scientific support team
members.
_____ Review and recommend response strategies and technologies.
Assist with determining response priorities.
Coordinate response activities with research studies.
Develop trajectory models and impact predictions.
Assist with natural resource damage assessments by working
with Natural Resource Trustees and resource managers.
Review new product information and serve as the point of
contact for product sales representatives.
Prepare and implement sampling and monitoring plans to
determine the extent of contamination and the
effectiveness of cleanup actions.
Assist the Incident OSC with any technical issues that
arise.
RESOURCES: USEPA Emergency Response Team
NOAA Scientific Support Coordinator
USCG Strike Team
Technical Assistance Team
USEPA Environmental Services Division
A- 20
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SCIENTIFIC SUPPORT
PUBLIC HEALTH:
SCOPE: Concerns over the effect of the release on human health
often arise during a response. Typically, the Incident OSC is
not technically qualified to address specific public health
questions and must defer to a more qualified person, such as an
industrial hygienist or toxicologist. Section 300.175 of the NCP
discusses the agencies that provide public health assistance.
Annex J of this Plan also discusses the role of a public health
advisor during a response.
RESPONSIBILITIES:
Assist in providing alternate water supplies and address
water treatment issues.
Make health assessment and prepare health advisories.
Assist in air monitoring, if necessary.
Provide advice to the Incident OSC on health issues,
evacuations, toxicology, risk assessments and any other
public health problems that may arise.
RESOURCES: Agency for Toxic Substances and Disease Registry
USEPA Emergency Response Team (ERT)
USEPA Region IV Toxicologist
USEPA Region IV Water Division through the RICT
USEPA Region IV Air Division through the RICT
Local Health Department
A- 21
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SCIENTIFIC SUPPORT
NATURAL RESOURCES:
SCOPE: Subpart G of the NCP discusses in detail Natural
Resource Trustees: designated agencies and their
responsibilities. During a response, the Trustees and the
Incident OSC should closely coordinate their activities to
facilitate the fulfillment of each others responsibilities.
Often times the Incident OSC requires assistance from the
Department of the Interior's US Fish and Wildlife Service in
determining what natural resources should be given protection
priority and how to handle wildlife rescue efforts.
RESPONSIBILITIES:
Assess impacts on natural resources and environment.
Ensure coordination with US Fish and Wildlife Service.
Advise field teams and oversee activities involving the
following: * wildlife rehabilitation;
* sensitive environments;
* protection strategies.
RESOURCES: Department of Interior - US Fish and Wildlife
Service
State Agencies
NOAA
Annex F - Sensitive Environments
A-22
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ORGANIZATIONAL CHART
INCIDENT
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LOGISTICS
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TEAM
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TFAM
B
TEAM
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TEAM
B
SCOPE: The success of a spill often is hampered by the
inability to effectively coordinate personnel and equipment.
When a response is initiated, it is imperative that the Logistics
function be one of the first activated to ensure smooth
coordination of resources. The Logistics Coordinator, typically
ail OSC, serves as an assistant to the Incident OSC; handling any
problems associated with the effective utilization of personnel,
equipment and resources in the field. To facilitate
coordination, the Logistics Coordinator operates out of the
Incident Command Center and maintains very close contact with the
Forward Command Center and field operations. The Logistics
Coordinator is also responsible for overseeing the Cleanup Teams
and Advance Teams.
A-23
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LOGISTICS
LOGISTICS COORDINATOR:
Responsibilities:
Immediately identifies equipment and personnel needs and
sources for meeting those needs. Also obtains such
needed items and arranges for their delivery to the
response.
Coordinates deployment and utilization of resources.
Coordinates the activities of the Advance Teams and
Cleanup Teams. Works closely with Team Leaders.
Ensures that activities follow response priorities
established in Annex C of this plan.
Consults with the Incident OSC on all activities that are
considered to be significant to the effectiveness of the
response. Also provides the Incident OSC with accurate
reports discussing response activities, problems
encountered, cost and other pertinent information.
Assists the Incident OSC in ensuring that proper health
and safety requirements are followed.
Works with contractors, facilities and the State to
arrange for the temporary storage, transport and final
disposal of recovered material, debris and refuse.
Oversees the work conducted by the response contractors.
Also ensures that costs are properly tracked and that the
Incident OSC is kept informed of costs and expenses.
Coordinates with contracting officers on contracting
issues.
Arranges for the proper lodging, feeding, training,
transporting, and safety of personnel working at the
response.
Coordination: The Logistics Coordinator has responsibility for
the coordination of, but not limited to, the following items:
Volunteers Field Communication Vehicles Boats
Overflights Additional Contractors Labor Pools Lodging
Distribution Navigation/flow control Disposal Training
Mobilization Equip/Materials/Supplies Staging Areas Personnel
Equipping Workers Industrial Assistance
Resources: On-Scene Coordinators
A- 24
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LOGISTICS
ADVANCE TEAMS: During a response, the Advance Teams are
responsible for going downstream or downwind of the spill to take
preventative measures to mitigate any potential damage. Teams
can be made up of contractors, USCG Strike Team members, or any
other trained personnel that is available. Teams will be lead by
an OSC.
Responsibilities:
Identify areas downstream or downwind that may be
adversely impacted by the release, especially sensitive
environments and drinking water intakes. Assess the
potential impacts.
Notify and coordinate with appropriate parties downstream
or downwind (i.e. Resource managers, city officials,
water managers).
Prioritize areas for protection.
Develop and implement protection strategies based on
response priorities (refer to Annex C).
Put in place physical barriers to deter spread of oil or
to protect natural resources, water intakes, or any other
areas that may be adversely impacted.
Coordinate with scientific team to obtain information from
trajectory models.
Find and clear areas to facilitate the access of personnel
and equipment to the areas that require protection or
cleanup.
Identify and prepare areas for temporary storage of
recovered materials and debris.
A- 25
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LOGISTICS
CLEANUP TEAMS: conduct activities to mitigate or remove the
spilled material from the environment. Actual removal activities
will be conducted by contractors with OSC oversight.
Responsibilities:
Coordinate personnel and equipment deployment.
Control the source of discharge and minimize the spread of
the spill.
Conduct salvage operations, if necessary.
If possible, use chemicals or other materials to enhance
collection or remediation of spilled material. Consult
with Subpart J of the NCP, the Incident OSC and/or the
RRT before using such chemicals or materials.
Coordinate activities with Advance Teams, keep them
informed of on-going and planned activities.
Work with Scientific Support Coordinator or Team to
collect samples of water and spilled material and arrange
for their analysis.
Monitor activities to ensure compliance with health and
safety requirements.
Arrange for temporary storage and disposal of recovered
materials, debris and refuse.
A-26
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ORGANIZATIONAL CHART
NODE NT
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ORGANIZATIONAL CHART
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CLAIMS
SCOPE: When a spill occurs it often disrupts the lives and
livelihood of many individuals, not only those responding to the
emergency. These individuals may file claims against the
responsible party to receive compensation for any losses suffered
due to the spill. Damages caused by the cleanup effort are
submitted to the responding agencies. To limit the amount of
confusion and disorder that is created as claims are submitted, a
representative should be designated with the following
responsibilities.
RESPONSIBILITIES:
Place an advertisements various media (i.e. radio,
television, newspaper) telling where claims should be
sent.
Process paperwork.
Ensure the responsible party is in the position to handle
claims.
Coordinate with Joint Information Center or Community
Relations Coordinator to facilitate the distribution of
correct information and limit the number of rumors.
Keep Incident OSC informed of all claims activities that
may impact response efforts.
A-28
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ORGANIZATIONAL CHART
iNcmirh
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How Clean Is Clean
SCOPE: In every response to a release there comes a point
where the ability remove the material becomes more difficult and
costly than in the beginning. When such a point is reached,
decision makers must evaluate if the material remaining still has
the potential to cause a significant impact and if the impact
justifies the increased effort and cost. To facilitate the
decision, the Incident OSC, State Trustees, and associated RRT
members should meet early in the response to determine cleanup
standards for the spill. All response activities should be
geared towards meeting these standards.
RESPONSIBILITIES:
Decide upon cleanup standards.
Determine when enough is enough.
Conduct long-term monitoring of structures that are put in
place to recover or divert material (i.e. interceptor
trenches, passive recovery systems, underflow dams).
Determine when these structures can be removed.
A- 29
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HOW CLEAN IS CLEAN?
FACTORS TO CONSIDER: Because the decision to end cleanup
activities and all natural degradation of remaining oil must be
made on a case-by-case basis, the following factors should be
considered:
1. Is the irreversible environmental damage from cleanup
operations greater than the environmental damage from
leaving oil in place?
2. Are cleanup costs increasing while oil removal is
significantly decreasing?
3. Does the Incident OSC and the other decision makers feel
that response efforts are becoming more difficult without
showing substantial improvement to the environment?
4. Do only patchy areas of material remain?
RESOURCES: Incident OSC
State Representative
NOAA Representative
DOI Representative
Scientific Support Coordinator
Natural Resource Trustees
A- 30
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ANNEXE
NOTIFICATION, COMMUNICATION,
REPORTS
PURPOSE: Notification concerning an oil or hazardous substance
release or discharge is the foundation for all response
operations and is required under Federal Law (CWA, OPA and
CERCLA). Timely and accurate information must be provided to the
proper agency to begin any protective action.
SCOPE: This Annex provides guidance on the initial actions to
activate a response, provide coordination among the members of
the response organization, and keep those members informed of the
latest developments in the response.
RESPONSIBILITIES: It is the spiller's responsibility to
report all spills. If U.S. EPA or USCG is the first to be
notified of a release or discharge, U.S. EPA or USCG will notify,
as appropriate, the State and the National Response Center (NRC),
the appropriate trustees for natural resources, and other RRT
members. If the State or another agency is the first to be
notified, they shall notify the NRC.
Any person may undertake a response action to reduce or remove a
release of a hazardous substance, pollutant, or contaminant.
Such participation in response action by persons other than the
first Federal official is discussed in the NCP, Subpart H, and
remains unchanged"in this plan.
I. NOTIFICATION AND ACTIVATION PROCEDURES:
A. It is the spiller's responsibility to report all spills in
accordance with 40 CFR 300.300(b) for oil discharges and 40
CFR 300.405(b) for hazardous substance releases.
B. Spill reports are forwarded to the Region IV Telephone duty
OSC (TEL). The TEL will confirm the report, gather
additional information as necessary, and make a decision on
the appropriate federal response. Procedures for
determining release classification and appropriate
notification actions are contained in Appendix B-l.
All contact names and phone numbers for organizations discussed in this plan
are contained in EPA ERRB's Blue Book. Each EPA designated OSC has been
issued an official copy. One additional copy is kept in the RRC for
reference.
B-l
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C. The TEL will ensure that the state environmental agency and
the natural resource trustees are notified of the incident,
as appropriate. Appendix B-2 outlines special notification
procedures.
D. For all major spills and other spills which, because of
their location or other circumstances are likely to generate
a great deal of media attention, the TEL will notify section
or branch management who will in turn inform senior regional
management.
E. For major spills, or natural disaster responses under the
FRP, the following actions should be considered:
1. Activate Regional Response Center
2. Determine the availability of additional OSCs
3. For oil spills, obtain Federal Project Number and
Project Ceiling; For hazardous substance spills,
obtain ????
4. Coordinate with responder and dispatch resources such
as TAT, USCG Strike Team, and Cleanup Contractor(s)
5. Activate Regional Incident Coordination Team (RICT) and
Regional Response Team (RRT). Activation procedures
are explained in Appendix B-2.
6. Notify Backup Regions
7. Activate Helicopter Contract
8. For spills into water, ensure that downstream users are
notified
9. Notify EPA Headquarters and update National Response
Center
H. COMMUNICATION PROCEDURES:
The key to success on any response operation is clear and open
communications. Information on communications hardware and.
frequencies is detailed in Annex E, Communications. This annex
will outline general information flow and communications policy
for a response.
A. Establishing On-Scene Communications:
The Responding OSC should take immediate steps to establish at
least a temporary means of communicating with local responders,
the RRC, and field teams. As the response develops the OSC
should work toward installation of a more permanent and more
reliable system. In setting up the communications network, the
OSC should consider the following:
1. Establish communication with the local fire and police
departments.
2. Assess local communications systems and capabilities.
B-2
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3. Mobilize and set up Mobile Command Post.
4. Set up communications network.
5. Locate and mobilize communications devices.
6. Provide field teams with appropriate communications
equipment.
7. Set up Joint Information Center to coordinate all press
releases.
B. Communication During Incident:
Generally, all conference calls will be conducted through the NRC
conference bridge which has up to 100 telephone lines available.
With the NRC conference bridge, each participant is assigned a
unique telephone number for the call. Arrangements for a
conference call should be made in advance by the NRC. Because
time during a response is extremely valuable, calls should begin
on time and conversation should be tightly controlled by the RRT
chair.
1. RRT Conference Calls: RRT conference calls will be conducted
as needed to provide information on the incident to RRT
members, coordinate the supply of response resources,
provide advice to the OSC, or to make response decisions.
The RRT Chair will determine the frequency of these calls.
NOTE: The need for information should not in any way
interfere with the ongoing response action.
2. Incident Management Calls:
a. Intra-reginnal Conference Calls; it is important that all EPA
responders be kept aware of ongoing developments and
concerns. As a means of conveying this information to
responders in the field, the region will attempt to have
conference calls daily through the RRC.
b. Operational Communications: Operational communications for
incidents responded to under this Plan will be set up in a
step down approach so that each decisions making or
informational level of the response organization is aware of
a sufficient degree of detail on issues to make informed
decisions. Members of the response organization should not
bypass this communication structure since such actions can
lead to unsubstantiated rumors, misdirected assignments or
repeated conveyance of information.
(1). Field Components to Contractors or Other Agencies:
All response resources will be dispatched through a staging
area under the control of the Logistics OSC to be set up in
the earliest stages of response. Each organization will be
B-3
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assigned a task, given a health and safety briefing, and
provided with a means of communication back to the Task
Leader (OSC) or Logistics staff. RRT member agencies acting
under their own statutory authorities should inform the
Incident OSC of their activities and findings.
(2). Field Components to Incident Command Post: Field
components overseeing the various tasks will maintain
contact with the Logistics staff. They will not normally be
expected to participate in RRT Conference Calls.
(3). Incident Command Post to RRC: The RRC will contact and
coordinate with field components through the Incident
Command Post on an as needed basis.
(4). RRC to EPA Headquarters: The RRC will provide EPA HQ
with updates on the incident. HQ should not contact field
components directly.
3. Regional Response Center: The RRC will be the Incident's
primary means of information management and resource
coordination. RRC responsibilities are summarized below:
a. Information Management
(1). Briefings for RRT, RICT, Senior Management, and
Headquarters
(2). POLREP distribution
(3). Maps
(4). GIS applications
b. Resource Coordination
(1). Status Boards
(2). RICT resources
(3). RRT resources
(4). Resources from other EPA regions
(5). Contracting coordination/documentation
4. Joint Information Center: It is extremely important to keep the
JIC informed of all ongoing activities. Accordingly, a JIC
representative will be included in all incident-related
conference calls. Additional details on the role of the JIC
are discussed in Annex I, Public/Community Information.
The high degree of media interest to an emergency response often promotes the
use of scanners to monitor radio and cellular telephone communications.
Conversations should be kept on a strictly professional level at all times.
B-4
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ffl. REPORTS PROCEDURES:
Information to be included in each report and the format are
presented in Appendix B-4.
A. Damage Assessment/Response Tracking Forms: These will be used
to ensure that reports of damage are investigated and
properly resolved. They are also designed to aid in the
preparation of an after action report.
B. Incident Logs: The Incident OSC shall maintain an accurate
Incident Logbook. The RRC will also maintain a logbook of
the Incident to document information not likely to be
captured in the field.
C. POLREPs and SITREPs: Each incident will have an Initial and
Final POLREP or SITREP. POLREPs are prepared by the Incident
OSC and are used for discharges of oil or releases of
hazardous substances. SITREPs are prepared by the Branch
Chief for any other type of incident. The frequency of
progress POLREPs will be determined by the Incident OSC.
The frequency of SITREPs will be determined by the Branch
Chief. In no case will POLREPs or SITREPs be issued less
frequently than weekly. Distribution of these documents
will vary by the type of incident and will be determined by
the preparing official. These documents will either be hand
delivered or faxed to the addressees.
D. Cost Documentation: Appropriate cost documentation procedures
are detailed in the Oil Spill Response Checklist.
E. Enforcement Documentation: Enforcement documentation
requirements are outlined in Attachment VI of the Oil Spill
Response Checklist.
F. OSC Report/After Action Report: The After Action report should
be prepared in accordance with 40 CFR 300.165.
G. Debriefing/Critique: After completion of response actions at
each major incident, the region will conduct a debriefing or
critique of the response. A session consisting of the EPA
participants, at a minimum, will be held to discuss both the
positive and negative aspects of the response in an effort
to improve future responses. Lessons learned during the
incident will be incorporated into future modifications to
the RCP, as appropriate.
B-5
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APPENDIX B-l
CLASSIFICATION OF OIL AND
HAZARDOUS SUBSTANCE RELEASES
I. OIL RELEASES
A. MINOR
For minor oil spills (those under 1,000 gallons) the OSC will, if
circumstances warrant, send (via FAX, E-Mail, or other means)
incident notification reports or POLREPs to the appropriate
Regional Response Center (RRC), the appropriate State(s), and
appropriate Federal and State natural resources trustees. These
reports will be reviewed by the RRT Co-Chairs or their designees,
who will notify other Federal and State RRT members, if
circumstances warrant. (Note: Very small spills, i.e. less than I
00 gallons, will usually not require action or notification of
RRT Co-Chairs.)
B. MEDIUM
Actual or potential medium oil spills (those between 1,000 and
10,000 gallons), will be treated the same as minor spills unless
response requirements exceed the capabilities of the OSCs and
local contractors, or when there is a likelihood of strong public
or political interest in the response, or of major environmental
damage. Under these circumstances, the required notifications
for a major spill will be initiated.
C. MAJOR
Upon first learning of an actual or potential major oil spill
situation (in excess of 10,000 gallons), the OSC, if not already
in the RRC, shall immediately notify the RRC by the most rapid
means available. The OSC shall provide the RRC with all known
information, even if it has not been confirmed by personnel
on-scene. Upon notification, the RRT Co-Chair(s) shall determine
whether to activate the RRT for information purposes. RRT
activation will be by telephone, followed by RRC POLREPs.
D. WORST CASE
Follow the same procedures for a major spill. It will be up to
the RRC and the RRT Co-Chair(s) to determine if the spill is a
worst case. Further response actions shall follow the procedures
presented in this plan.
Appendix B-l-1
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H. HAZARDOUS SUBSTANCES RELEASES
A. MINOR
For minor releases, those in an amount of less than the
reportable quantity (RQ, established in 40 CFR 300 and 355) that
poses minimal threat to human health or welfare or the
environment, the OSC will, if circumstances warrant, send routine
(in lieu of Priority) incident notification reports or POLREP
message reports to the RRC and appropriate trustees for natural
resources. These reports will be reviewed by the RRT Co-Chairs
or their designees, who will notify other Federal and State RRT
members if circumstances warrant.
B. MEDIUM
Actual or potential medium releases (those amounts exceeding the
RQ which do not meet the criteria for classification as a minor
or major release) will be treated the same as minor spills,
unless response requirements exceed the capabilities of the OSC
and local contractors, or when there is a likelihood of strong
public or political interest in the response. Under these
circumstances the required notifications for a major spill will
be initiated.
C. MAJOR
Upon first learning of an actual or potential major hazardous
substance release in an amount that poses a substantial threat to
human health, welfare, or the environment, or results in
significant public concern, the OSC, if not already in the RRC,
shall immediately notify the RRC by the most rapid means
available. The OSC shall provide the RRC with all known
information, even if it has not been confirmed by on-scene
personnel.
Upon notification of an actual or potential major hazardous
substance release, the RRT Co-Chairs shall determine whether to
activate the RRT for information purposes. RRT activation will
be by telephone, followed by RRC POLREPS.
Appendix B-l-2
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APPENDIX B-2
SPECIAL NOTIFICATION SITUATIONS
In some situations, the TEL (Telephone Duty-OSC) will have to
notify organizations other than the States or members of the RRT.
Listed below are those organizations involved in special
notification situations and the procedures for handling them.
A. State Natural Resource Trustee: The State pollution response
agency notified of a release by the OSC will in turn alert
the State natural resource trustee.
B. Federal Land Manager: When a release impacts Federal
property, such as a National Forest, the OSC will notify the
local office of the managing agency. If he/she is unable to
promptly make this notification, he/she will alert the RRT
representative for the managing agency.
C. National Response Center (NRC): OSCs are not required to notify
the NRC of releases. However, in that very rare
circumstance where an OSC receives a report from the
responsible party and the responsible party is unable to
contact the NRC, the OSC will relay the report to the NRC.
USCG OSCs may accomplish this by entering the NRC Port Code
in the notify slot which follows the MPIR screen of the MSIS
Marine Pollution Product Set.
D. Ohio River: Ohio River Valley Water Sanitation Commission's
(ORSANCO) Emergency Response Resource Manual includes a
spill notification plan for use by ORSANCO and by State and
Federal agencies. The ORSANCO plan's spill response
procedures, kept in the EPA RRC, apply to spills into the
Ohio River and its tributaries. It specifies that U.S. EPA,
State water pollution control agencies, USCG, and ORSANCO
will notify each other of spills, but allows for ORSANCO to
assist in notifying the appropriate agencies of "adjacent
and downstream States". Under the plan, the State water
supply agencies carry the responsibility for alerting water
users.
E. Local Notifications: it will be up to the State RRT
representative to notify local community officials in the
area affected by the release.
Appendix B-2-1
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APPENDIX B-3
ACTIVATION OF THE RRT
The incident-specific RRT may be activated by any member agency
when a discharge or release:
1. Exceeds the response capabilities available to the OSC in
the place where it occurs;
2. Transects State, Regional and/or international boundaries;
3. Poses a substantial threat to public health, welfare, or to
the environment, or to Regionally significant amounts of
property.
The Co-Chair will activate the RRT during any discharge or
release upon request from the OSC or from any RRT representative.
Requests for RRT activation shall subsequently be confirmed in
writing. Local requests for RRT activation must be made through
the State RRT member.
During a prolonged removal action, activation of the RRT may be
unnecessary or it may be activated in only a limited sense, or
have available only those members who are affected or can provide
direct response assistance. When the RRT is activated, affected
States may participate in all RRT deliberations. When the RRT is
assembled, the RRT shall meet at a time and location specified by
the Chair.
Levels of activation are listed below. Activation may occur by
phone or by assembly.
Alert: Notification of RRT members that an incident has
occurred.
Standby: Notice to some or all RRT members that their services
may be needed and that they are to assume a readiness
posture and await further instructions. Notice may be
given by phone.
Partial: Notice to selected RRT members that their services are
required in response to a pollution incident. The
activation notice will specify the services that will
be required. Although the services of only selected
members are being requested, partial activation will be
documented in a POLREP which will be distributed to all
RRT members. The initial activation notice may be
provided by telephone, but will be confirmed in
writing.
Appendix B-3-1
-------
Full: Notice to all RRT members (with the exception of
representatives of non-affected States) that their
services are requested in response to a pollution
incident. The activation notice will specify the
services being requested from each RRT member. The
services of some members may be limited to advising the
OSC on general matters. The initial activation notice
may be provided by telephone, but shall be confirmed in
writing.
The RRT can be deactivated by the Chair, when the Chair
determines that the OSC no longer requires RRT assistance. The
time of deactivation shall be included in a POLREP.
Appendix B-3-2
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APPENDIX B-4
POLLUTION REPORTS
The following are examples of the information to include and the
format to use for the reports discussed in Part III of Annex B -
Reporting Procedures. Tabs are listed below.
TABS
B4-A. DAMAGE ASSESSMENT/TRACKING FORM
B4-B. POLREPS
B4-C. COST DOCUMENTATION
B4-D. OSC REPORT/AFTER ACTION REPORT
B4-E. DEBRIEFING/CRITIQUE
Appendix B-4-1
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TAB B4-A.
DAMAGE ASSESSMENT/RESPONSE TRACKING FORM
PRIORITY:
RECORDED BY: ASSIGNED TO:
DATE: COMPLETE:
TIME: PENDING:
INCIDENT NAME:
DESCRIPTION OF REPORTED CONCERN:
LOCATION:
CONTACT NAME/AFFILIATION/PHONE NUMBER:
INSTRUCTIONS TO RESPONDER:
*****************************************************************
RESPONDER'S OBSERVATIONS:
RECOMMENDED ACTION:
ACTION TAKEN:
Appendix B-4-2
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TAB B4-B.
POLLUTION REPORTS (POLREPS)
The following is a sample format for an OSC Report or After
Action Report. Comments are provided in boxes to assist with
writing the report.
U.S. ENVIRONMENTAL PROTECTION AGENCY
POLLUTION REPORT
I. HEADING
Date:
From:
To:
Site Name and Location:
POLREP #
II. BACKGROUND
Site No:
Response Authority:
State Notification:
Demobilization Date:
Status of Action Memorandum:
FOR PROGRESS POLREPS: If you do not wish to repeat the baBic site
description from the initial Polrep, you may delete Section II "Site
Information" up to Section IV "Response Information". You may wish to add
a note referring the readelr to POLREP #1 for further site background,
III. SITE INFORMATION
A. Incident Category:
B. Site Description:
For Progress, Special, and Final POLREPS: If this is not also an initial
POLREP, the entire Site Information Section (III) should be a shortsunsnary
and/or a sentence referring the reader to POLREP #1.
For initial POLRBPS: Include acreage and ownership in a description of the
setting. Describe the area (e.g., residential, urban, commercial} and
estimate the number of people threatened (i.e., population within a one-
mi ie radiuB of the Bite).
1. Site description:
Delivery Order No or FPN:
NPL Status:
Start Date:
Completion Date:
Appendix B-4-3
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Discuss past and present site activities.
Describe the threat to human health or the environment posed by the site.
If the threat stemmed from a discrete incident or release, include the date
'and 'What.: ensued.
2. Description of threat:
Briefly discuss the results of the preliminary assessment (PA) .
C. PT»*»Hwijnarv Assessment Results:
IV. RESPONSE INFORMATION
A. Situation
For initial POLREP: Describe what response actions have already been
initiated, including the preparation of an Action Memorandum, whether OSC
invoked the $50K response authority, any actual site mobilization and
response actions taken, and community relations.
For progress or final POLREPS: Describe response activities undertaken
since the last POLREP, including mobilization, sampling and analysis, waste
containment and cleanup activities, and cocranunity relations activities.
For special POLREPS: Describe the incident or change in circumstances
which necessitated a special POLREP. Indicate what actions have been taken
in response to the incident or change in circumstances.
1. Current situation:
For initial POLREP: Describe what response actions have already been
initiated, including the preparation of an Action Memorandum, whether OSC
invoked the $50K response authority, any actual site mobilization and
response actions taken, and comnunity relations.
For progress or final POLREPS: Describe response activities undertaken
since the last POLREP, including mobilization, sampling and analysis, waste
containment and cleanup activities, and community relations activities.
For special POLREPS: Describe the incident or change in circumstances
which necessitated a special POLREP. Indicate what actions have been taken
[ in response to the incident or change in circumstances.
2. Response actions to date:
Discuss State and/or other local agency involvement, include any request
for^EPA assistance; any State or local agency cooperation in assessing the
incident and threats; and any "first responder" or other actions taken by
State or other agencies to protect public health and the environment.
Include whether State or other agency personnel remain at the site.
Appendix B-4-4
-------
Indicate what enforcement actions {including PRP search, notification
letters, administrative orders, etc.) have been initiated by EPA or the
¦State.
3. Enforcement:
Discuss the overall planned response actions.
B. Planned Response Actions
C. Next Steps
For initial POLRKP: Describe plans for response activities. Include Site |
mobilization, sampling and other cleanup activities. Also describe any
planned enforcement activities including PRP searches.
For progress and final POLREPS: Describe plans for ongoing response
activity. Include waste analysis, containment, and cleanup. Also describe
any planned enforcement activities. >
D. Key Issues
For all POLREPS: Identify any problem areas or issues of concern.
For final POLRBP: Results Achieved: State how you achieved the objectives
set forth for the response action. Specifically address any wastes
remaining on the site, including those which are contained. Document how
threats to human health and the environment have been reduced or
eliminated.
Discuss the status of the OSC Report and the expected completion date. If
applicable, indicate amy future site actions (e.g., RP, remedial, state).
V. COSTS
Provide detailed, current cost information from the site's cost
documentation. Note ceiling for contractors, if such ceilings are
maintained. Cost information may be entered in the table below.
Appendix B-4-5
-------
Richr-aTmiral Costs :
Regional Allowance Costs:
Total Cleanup Contractor Costs
IAGs
Cooperative Agreements
Other Extramural Costs not Funded
From the Regional Allowance:
TAT
NCLP
REAC
Subtotal, Extramural Costs
TOTAL, EXTRAMURAL COSTS
Tnhr-aTnural Costs:
Direct Costs (Region, HQ, ERT)
Intramural Indirect Costs
TOTAL, INTRAMURAL COSTS
TOTAL SITE COST
Project Ceiling
Project Funds Remaining (percentage)
VI. DISPOSITION OP WASTES
Using the matrix below, list the waste streams identified, and note the
medium and quantity. For each waste stream, indicate the disposition
(containment, treatment, disposal). ¦ "¦ ¦ ^
Wastestream Medium Quantity Containment Treatment Disposal
Appendix B-4-6
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ANNEX C
RESPONSE STRATEGIES
(for Releases of Oil)
PURPOSE and SCOPE: The purpose of this annex is to outline
strategies for responding to spills within the Region IV area.
The diversity of spill scenarios makes it impossible to predict
specific actions for every release. This annex will not identify
an optimum spill response option, but provide options for
selection to satisfy the existing situation. Unexpected factors
occur in every response which complicate even the best of
strategies. Therefore, it is the responsibility of the Incident
OSC to continually assess a spill situation so that the Agency's
priorities are met and resources used effectively. The
information contained within this Annex is designed to assist the
Incident OSC in making response decisions that are consistent
with the following priorities:
RESPONSE PRIORITIES
Priority 1. Protect Human Life and Health
A. Worker/Re sponder Safety (Annex S)
* Fire and explosion threat
* OSHA requirements
* Boating and water safety
B. Public Safety {Annex E)
* Protection of drinking water intakes
* Alternate water supplies
* Air monitoring, if burning occurs
* Evacuation
Priority 2. Reduce Overall Impact of Spill
A. Control Spill Source
B. Implement Prevention Measures:
* Physical containment
* Burning
* Dispersants „
* Bioremediation
C. Monitor
Priority 3. Protect Environmentally Sensitive Areas/Critical
Habitats
A. Identify Sensitive Areas (Annex P)
B„ Develop Protection Strategy (Annex F)
C. Conduct Wildlife Rescue (Annex GG)
Priority 4. Protect Economically Sensitive Areas (Annex f)
Priority 5* Cleanup Spilled Material
A. Physical Recovery
B. Shoreline Countermeasures
Priority 6. Restoration
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RESPONSIBILITIES: It is up to the Incident OSC to assess the
incident situation and determine what strategy to undertake to
comply with the Region's strategies. The Incident OSC must also
coordinate all activities with the Logistics OSC, the Cleanup
Teams and the Advanced Teams to ensure that the priorities are
fully understood and are being followed.
PROCEDURES FOR DEVELOPING A STRATEGY:
STEP 1. GATHER INFORMATION
* Ask the following types of questions before developing
a response strategy. ¦ .: ; .v v:; • ¦ ¦
* What is the exact spill location?
* How much oil was released? What type?
* Where is oil going? How fast?
* What are the dissipation characteristics?
* What is located downstream?
* What resources are at risk?
* What are the on-scene weather conditions?
* What are future weather conditions?
* What circumstances require special attention?
* Is there a fire or explosion threat?
* What are the public safety hazards?
* What actions are being taken so far?
* What other actions need to be taken
immediately?
* What equipment is available?
* How long will it take to get to spill site?
* What approval is needed for a proposed
response method?
* Is there adequate access for equipment?
* Where can collected material be stored and disposed?
* How can the available resources be utilized to meet the agency's priorities?
STEP 2. PRE-RESPONSE ASSESSMENT
* Determine the level of response needed.
* Begin filling positions to support the chosen level.
* Form the cleanup and advance teams, and arrange for
logistics*
* Deploy tlie teams to gather information needed to make
further decisions.
* Establish. the operations centers.
* Contact appropriate persons to arrange for funding of
the response.
Steps 3, 4 and 5 continued on next page.
C-2
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STEP 3. INITIAL ON-SITE ASSESSMENT
Specific strategies for each
* Determine priorities and
area at risk.
* Coordinate between the Incident Operations Center
and the field teams. Communication is vital.
* Determine the Public Health issues.
* Notify the necessary officials of any impact to
water or industrial intakes.
* Locate provisions for an alternate water supply.
* Review Response Operations Guidelines in this Annex.
STEP 4. MOBILIZATION LOGISTICS
Identify sources for additional personnel and
equipment. Mobilize to the site as needed.
Ensure that personnel are properly trained, and health
and safety issues are addressed.
Contact the Natural Resources Trustees.
STEP 5. ON-SITE LOGISTICS
* Arrange additional resources as needed. {i.e.food,
lodging, additional clothing, transportation,
communications, air support).
~ Develop and Implement Site Safety Plan.
C-3
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GUIDELINES FOR RESPONSE OPERATIONS
GENERAL GUIDELINES
* Obtain all necessary concurrence from RRT and any other relevant
agencies before using any treatment/response method.
* Become familiar and comply with approved methods, work plans,
advisories and special instructions prior to implementation.
* Minimize the potential to recontaminate areas or attract wildlife
by removing oil trapped in booms and trash around site on a daily
basis.
* Notify appropriate resource agencies of any reports of dead fish,
mammals, and birds found during the response.
* Do not approach, feed or harass any wild animals or birds. Only
trained personnel should conduct wildlife rescues. Report all
incidents of oiled or stranded birds and animals to the
appropriate agencieB. y: V::v;v-: ¦->^¦A.;-:.'-¦:v ¦ . - ¦.y-::¦
BIOLOGICAL RESOURCES
* Contact Natural Resource Trustees.
* Avoid treatment methods that removal large numbers of indigenous
vegetation, invertebrates or microorganisms from shorelines and
marshes.
* Boom off sensitiveareas (wetlands, marshes, creeks) adjacent to
areas where response operations are taking place.
* Remove all signs of human activity when operations are over.
CULTURAL RESOURCES
IMMEDIATELY take the following steps if cultural materials
(fossils, archaeological, or historical) are discovered during
response operations:
* Do not disturb, remove or alter archaeological or historical
sites, facilities or artifacts. Mark off area with flagging tape.
* Stop cleanup activities in the surrounding area.
* Inform the State representative to the RRT.
* If a significant site or burial grounds are uncovered, contact the
landowner and immediately notify the state archaeological society
representative or state historic preservation officer.
C-4
-------
APPENDIX C-l.
TYPES OF OIL
There are many complicating factor* during an oil response. Oils have different physical properties depending upon where it comes from and whether it has
been processed into a useable end product. These physical and chemical differences mean that teams planning for or responding to a release of oil must use
the approach that is specifically tailored to the particular properties of the kind of oil released. For example, some typei of spilled oil may respond well to
the introduction of nutrients to stimulate biodegradatkxi by indigenous microorganisms; other spilled products may require the introduction of new
biodegrading species
CRUDE OIL
OIL
CHARACTERISTICS
SPECIAL FEATURES
CLASS A: Light, volatile
(highest quality
light crudes)
- Highly fluid
¦ Spreads rapidly
- Strong odor
¦ High evaporation rate
¦ FLAMMABLE
- Nog-adhesive
- Flushes with water
¦ Highly toxic
CLASS B: Non-sticky oils
(medium fuel oils and
paraffin based oils)
- Waxy/oily feel
- Adhesive to surfaces
- Removes w/ vigorous flushing
- Less toxic than Class A
CLASS C: Heavy, sticky oils
(residual fuel oils and
medium to heavy crude)
¦ Viscous, sticky
¦ Brown/black color
¦ Density near water
. Sinks as voiatizes
- Flushing does not remove
¦ Does not penetrate surfaces
- Low toxicity
¦ Can smother/drown wildlife
CLASS D: Non-fluid oils
(residual oils, heavy crude
oils, paraffin oils,
weathered oils)
¦ Black/dark brown
- Relatively non-toxic
- Does not penetrate surfaces
- If heated, may melt and coat
surface
OIL
REFINED OIL PRODUCTS
CHARACTERISTICS
SPECIAL FEATURES
GASOLINE
¦ Lightweight, flows easily,
may evaporate completely
¦ FIRE & EXPLOSIVE RISK
. Highly volatile
• More toxic than crude oil
¦ Amenable to biodegradatioo
KEROSENE
• Lightweight,
flows/spreads rapidly,
evaporates quickly
¦ Easily dispersed
¦ Persistent in the environment
No. 2 Fuel Oil
• Lightweight,
flows/spreads rapidly,
relatively son-volatile
- Easily dispersed
- Non-persistent in environment
- Docs not form emulsions
No. 4 FUEL OIL
¦ Medium weight,
flows easily
- Easily dispersed w/ prompt treatment
- Low volatilization
• Moderate flash point
- Persist partially in environment
No. 5 FUEL OIL
(Bunker B)
- Medium to heavy weight
- Low volatilization
- Moderate flash point
- Difficult to disperse
No. 6 FUEL OIL
(Bunker Q
- Heavy weight,
difficult to pump, requires beat
heavier than water
- Not prone to dissolve
- Difficult to disperse
- Forms tar balls, lumps, & emulsion
- Low volatilization
- Low flash point, > 15CTF
SPECIAL OILS
OAS OIL: A liquid petroleum distillate derived in the refining process that is composed mainly of volatile hydrocarbons and hydrogen. Gas oils ire used
as components for domestic heating fuels, ire blended with residual fractions to reduce their viscosity to make acceptible heavy fuel oils, and can refined
further to make gasoline. Gas oil, which has a viscosity and boiling range between kerosene and lubricating oil, ranges from a light to heavy weight
material and may vary m terms of its volatility, flash point, and persistence in the environment.
LUBRICATING OIL: A medium weight material that flows easily and is easily dispersed if treated promptly. It has a low volatility and moderate flash
point, but is fairly persistent in the environment.
Appendix C-l-1
-------
APPENDIX C-2.
TYPES OF ENVIRONMENTS IMPACTED
Freshwater Marshes/Swamps
Description:
* Marshes characterized by soft-bodied, non-persistent, herbaceous
vegetation, such as grasses. Swamps have dense stands of water tolerant
shrubs and trees.
* High degree of species diversity. May harbor sensitive or endangered
species.
* Breeding and nursery areas for many species.
* Sediments usually consist of organic soils with a soupy consistency.
* Foot travel very difficult.
Predicted Impact:
* Minimal flushing and organic soils allow oil to remain in
environment.
* Season is important - dormant vegetation least sensitive; blooming
and budding plants most sensitive.
* High mortality rate - especially for reptiles, amphibians and
crustaceans.
* Trace contamination can impact water supplies.
Suggested Actions:
* High-priority areas require the use of spill protection devices to
minimize impact (i.e. deflection booms, skimmers)
* Allow lightly covered areas to recover naturally.
* Avoid activities that mix oil into organic soils and sediments.
* Conduct manual pickup from boats and floating platforms.
* Use the least intrusive cleanup methods. A no-action alternative may
be appropriate to minimize the environmental impact.
* Quick flushing and removal of oil while still fresh can reduce long-
term impacts.
Vegetated Bank
Description:
* Low banks with grasses or steeper banks with trees.
* Located in fresh or brackish water.
* Contain a variety of plant species.
Predicted Impact:
* Heavy oil concentrations penetrate areas and coat plaint and ground
surfaces. Impact can be severe.
* Oil can persist for months.
* Water supplies can be impacted through trace contamination.
Suggested Actions:
* Use caution when cleaning. Supervise and minimize plant cutting, if
conducted.
* A no-action alternative may be appropriate to minimize environmental
impact.
* Cleanup usually unnecessary for light coatings; heavier accumulations
may require sediment surface removal to allow new growth.
* Low-pressure spraying may aid removal.
Appendix C-2-1
-------
Sand Beaches
Description:
* Fine/coarse sand and gravel beaches. Typically found along
coastal areas and along sandbars in inland rivers.
* Sloping profiles vary from gentle to steep.
* ?Species density and diversity low along coarse sand or gravel
beaches?.
Predicted Impact:
* Heavy accumulations of oil can cover entire beach surface.
* Oil can penetrate from 15 cm to 60 cm deep.
* Organisms living along beach killed through smothering or by oil in
the water column. Reduces food sources for birds and other animals.
* Birds and animals may become oil coated.
Suggested Actions:
* Fine sand beaches are easier to clean.
* Remove oil above the ?swash? zone after all oil has come ashore.
* Minimize sand removal to prevent erosion. Manual cleanup more
efficient. Heavy equipment may remove excess sand.
* Limit activity around sensitive areas such as dunes.
* Prevent grinding of oil deeper into beach by limiting activity in
heavily contaminated areas.
Riprap Structures
Descrip tion:
* Cobble to boulder-sized rocks used for shoreline protection.
* Organisms and plant life can be plentiful and varied.
Predicted Impact:
* Deep penetration of oil between boulders. If left, oil can
asphaltize.
* Fauna and flora may be killed by oil.
Suggested Actions:
* Remove all oiled debris.
* Use sorbents to remove oil in crevices.
* May remove and replace heavily oiled riprap to prevent chronic
sheening.
Bluffs
Description:
* Usually found along eroding river banks.
* Composed of mixed grain sizes (from silt to gravel).
* Biological activity usually low.
Predicted Impact:
* Oil forms band along top of water line. Can penetrate into sandy
sediments.
* Wave or current action can flush off oil within days or weeks.
Suggested Actions:
* Cleanup usually not necessary due to short residence time.
* Manual labor can be used to scrap oil from surfaces.
* Avoid removing sediments.
* Avoid mechanical cleanup (limited access and steep slopes).
Appendix C-2-2
-------
Wall, Piers, and Docks
Description:
* Common in developed areas to protect or facilitate access in
residential and industrial locations.
* Constructed of concrete, stone, wood or metal.
* Mussels, shellfish, and algae often found attached to structures.
Predicted Impact:
* Oil percolates between joints and coats surfaces.
* Biota damaged or killed under heavy accumulations.
Suggested Actions:
* High-pressure spraying may remove oil, prepare substrate for
recolonization of fauna/flora, minimize aesthetic damage and chronic
leaching of oil from structure.
Appendix C-2-3
-------
APPENDIX C-3.
METHODS TO REDUCE OVERALL IMPACT
TAB C-3 a. PHYSICAL CONTAINMENT
Includes booms, by-pass dams, overflow and underflow dams, diversion berms, permeable barriers
ADVANTAGES:
* Physically deflects movement of spill; collects slick for recovery/burning.
* Can be constructed of on-site materials: barriers or berms.
* Can be used to protect economic or ecologically sensitive areas.
* Pre-spill booming strategies can be developed, equipment pre-staged.
DISADVANTAGES:
* Requires significant time to put in place.
* There is not one universal boom or barrier (use depends on type of pollutant, wind, current, shore
topography).
* Use limited by availability of deployment/recovery areas and anchoring conditions.
* Link-up compatibility may be difficult with different types of booms.
* Currents in excess of 0.7 knots perpendicular to boom will result in ?entrainment?. Effect
independent of depth of skirt.
* Wave height and frequency must be taken into account when selecting boom flexibility. Incorrect
matching may result in splash over.
* Barriers/ dams time consuming to build; equipment dependent.
Appendix C-3-1
-------
TAB C-3b. PHYSICAL REMOVAL:
Skimmers (suction, floating weirs, oleophillic disks, drums or belts, hydrodynamic planes, and vortex or
cyclonic skimmers1
ADVANTAGES:
* Physically removes oil from the environment.
* Works with all kinds of oil states; even emulsified.
* Higher recovery rate than sorbents.
DISADVANTAGES:
* Vortex or cyclonic skimmers and oleophillic disks not effective on highly viscous oil.
* Works on principle that oil floats on water. High water uptake on very thin oil layers increases
volume of waste stream.
* Loss of efficiency in high tidal or current environments.
* Limited by storage.
* High amount of monitoring required during operation.
* Low tow speeds; effectiveness limited by amount of debris present in water.
Common types o£ skimmers:
Band (or Rope) Skimmeri
Uses oleophilic material such as polypropylene. Oil collected by drawing a continuous rotating band of
material through the slick. Adhered oil is wrung from the band by a squeeze roller and collected in an oil
sump. High efficiency in calm waters.
Belt Skimmert
Use an oleophilic material belt mounted on the front of a small vessel. The belt pushes the oil below the
waterline. Oil carried up the belt is recovered at the top of the system by a squeeze belt or scraper blade
and then pumped into a storage container. Not good in shallow waters or tight areas.
Appei C-3-2
-------
TAB C-3c. CHEMICAL OIL STABILIZERS
Solid Forming Agent (solidify or gelatinize oil to keep it from spreading or escaping and causing re-oiling
elsewhere. Elastol is an example of an oil stabilizing agent.)
. ADVANTAGES:
* Causes oil to change from a liquid state to a "jelly" like substance that does not react with the
environment.
* Lowers explosion vapors.
* Enhances polymerization of hydrocarbon molecules when applied by liquid spray or sprinkling of dry
chemical in the proper dosage.
* May reduce solubility of the more toxic short chain and cyclic hydrocarbons by locking them into
the polymer.
* May enhance recovery.
DISADVANTAGES:
* MAY TAKB TIMS TO GET RRT CONCURRENCE PRIOR TO APPLICATION
* Reacts with any hydrocarbon; oil, containment boom, weeds, etc.
* Unknown consequences when in contact with animal oil.
* Not suitable for vegetated shorelines, seawalls or riprap. Congealed oil sticks to vegetation and
remains in crevices making removal extremely difficult.
* Do not use if marine mammals, birds or other wildlife may come into contact with congealed oil.
* Increases smothering of sessile and interstitial organisms.
* May increase residence time of oil in environment by decreasing evaporation, dissipation and
biodegradation rates.
Tab C-3d. DE-EMULSIFYING AGENTS:
De-watering agent (used to break up or prevent water-in-oil emulsions (generally a surfacant)}
ADVANTAGES:
* Separates oil and water from recovered emulsions (50% water to oil)
* Potential use in field to make emulsions burnable in place
DISADVANTAGES:
* NONE on NCP Product Schedule. Cannot be used in U.S. waters
Appei C - 3 - 3
-------
TAB C-3e. DISPERSANTS
Chemical agents that emulsify, disperse or solubilize oil into the water column or promote the surface
spreading of oil slick to facilitate dispersal of the oil into the water column and enhance biodegradation.
(consult NCP Product Schedule)
ADVANTAGES:
* Reduces amount of slick able to reach the shoreline.
* Most effective if applied to slick within first 24 hours after spill.
* Removal/disposal reduced.
* Dispersants have been improved to be less toxic than in past.
DISADVANTAGES:
* NOT USED IN INLAND HATERS.
* MAY REQUIRE TIME TO GET RRT CONCURRENCE. CONSULT REGION IV DISPERSENT USE PLAN.
* Water column must be at least 30 feet deep.
* Toxicity problems may result from increasing uptake of oil in biota.
* Little field data on effectiveness and toxicity impacts.
* Lots of unknowns.
* Difficulties tracking the underwater plume.
* Difficulties obtaining equipment.
TAB C-3f. SURFACE COLLECTING AGENTS (or Surface Washing Agents):
Land or shoreline dispersant
ADVANTAGES:
* Acts as a detergent to reduce adhesion of oil to substrate.
* Enhances removal of oil.
* Lowers water temperatures needed for washing.
DISADVANTAGES:
* Washing agents remove the oil from the surface of shoreline, but allow it to coalesce on the water
surface.
* Method may drive oil into sediment pores.
* Potential toxicity problems when adding chemicals and making oil more available to the biota
(surface weathering may require a "potent" product).
Appe' C-3-4
-------
TAB C-3g. IN-SITU BURNING
Removal by fire (disposal of oil on the water through ignition)
ADVANTAGES:
* Works on thin films (down to 2 mm.)
* On films of 100 mm (4 inches) or more, burning is 98-99% effective.
* Disposal rates of 100 - 30,000 gals/min (10,000 ft2 to 1 square mile burn).
* Easy to ignite if oil is a proper thickness (must be at least 2 mm thick).
DISADVANTAGES:
* MAY TAKE TIME TO GET RRT CONCURRENCE, (Consult Region IV Zn-Situ Bum Plan).
* Can have a highly negative impact in small rivers and inland lakes.
* Requires specialized booming.
* 3M boom ($250 - $300 per foot, good to -40°F to +2,000°F) .
* Smoke plume can be visually disturbing. May create a public outcry.
* Potential toxicity of plume still being investigated, contains polycyclic aromatic hydrocarbons
(PAHs);(A 100,000 gallon spill when burned equals the amount of smoke from 50,000 wood stoves).
* Air quality permits may be required.
* Modeling and pre-burn weather data needed.
* Combustion products may travel great distances before falling to earth.
Appe- C-3-5
-------
TAB C-3h. BIOREMEDIATION
A. Nutrient Enhancement:
Enhancement of microbial metabolism of organic contaminants through addition of nutrients and oxygen to the
contaminated environment. Results in breakdown and detoxification of contaminants. (Consult NCP Product
Schedule) Also, contact RRT to determine if concurrence is necessary before application.
ADVANTAGES:
* Does not require addition of non-native microorganisms. Works with natural populations.
* Works on a wide variety of contaminants.
* Fertilizers are not typically harmful to nearshore environments.
* Can be used for both surface oil and subsurface oil spills.
DISADVANTAGES:
* Potential for algae blooms, however little evidence to support this.
* Soils with low permeability difficult to treat. Increases time for nutrients to reach
mi croorgani sms.
* Contaminant degradation impaired by nutrient overloading, toxicity of nutrients and oxygen
depletion.
* May take weeks or years to completely degrade contaminants.
B. Bacterial Addition:
Deliberate introduction of non-indigenous microbiological cultures or enzymes into an oil discharge for the
specific purpose of enhancing biodegradation to mitigate the effects of the discharge. (consult NCP Product
Schedule)
ADVANTAGES:
* Have the potential to begin degrading materials right away without an acclimation time.
* Cam work with natural populations of microorganisms.
DISADVANTAGES:
* MAY TAKE TIME TO GBT RRT CONCURRENCE.
* Still highly experimental. No solid evidence to support effectiveness.
* Carrier may be highly toxic.
* Granular forms are viewed by some as a problem.
* Natural species may be just as effective at a much lower cost.
Appe' C-3-6
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CLEAN UP TECHNOLOGIES
The following table presents a number of alternatives for cleaning up oil in the environment,
primarily along shorelines. Before undertaking any of the these methods, the Incident OSC should
consult with the Region IV Regional Response Team along with State and Local officials. The
information listed was adapted from EPA's Region III Shoreline Countermeasures Manual and the
American Petroleum Institute's Inland Oil Spill Manual.
ACTION
DESCRIPTION
WHEN TO USE
BIOLOGICAL
CONSTRAINTS
ENVIRONMENTAL
EFFECTS
Ho Action
No Action is taken.
When shoreline extremely
remote, inaccessible, or
cleanup will do more damage
or an effective method is
not available.
Not for areas with
high number of mobile
animals.
Same impact as oil.
Manual
Removal
Remove surface oil by
manual means and placed
in containers for
disposal. No mechanized
equipment used.
For areas where oil can be
easily removed.
None.
Minimal if surface
disturbance and
work force movement
is limited.
Passive
Collection
SorbentB
Sorbent material placed
on oil surface.
When oil is viscous and
thick enough to be absorbed.
None. Method can be
slow allowing oil to
remain in critical
habitats.
No major effects
except if soaked
sorbent materials
are left in
environment.
Debris
Removal
Manual or mechanical
removal of debris,
including cutting an
removal of oiled logs.
Use on any accessible area.
Especially important when
contaminated debris could
contaminate other organisms.
None.
None.
Trenching
Dig wells or trenches to
the depth of oil and
pump oil out of well.
Best with lighter oils.
Fine grain sand beaches,
coarse sand and gravel
beaches where oil has seeped
in and cannot be removed by
manual cleaning.
None.
None.
Apper C-4-1
-------
ACTION
DESCRIPTION
WHEN TO USE
BIOLOGICAL
CONSTRAINTS
ENVIRONMENTAL
EFFECTS
Sediment
Removal
Mechanical or manual
removal of sediments.
Material disposed of
off-site.
Used on sand, pebble and
cobble beaches where limited
amounts of oiled material
have to be removed. Do not
use in areas with erosion
potential. Do not removal
sediments past the depth of
oil penetration.
Mechanized equipment
should not be used in
areas adjacent to
endangered or
sensitive species.
Maybe detrimental
if too much
sediment removed
without
replacement.
Cold Water
Flooding
Wash oil from surfaces
and crevices to water's
edge for collection.
Boulder, cobble, gravel,
coarse sand mixed with
sediment and rock. Not
applicable to mud, vegetated
upland or steep rocky
shorelines. Frequently used
with low or high pressure
washing.
Not appropriate at
creek mouths.
Habitats may be
physically
disturbed as sand
and gravel are
mixed. Organisms
may be flushed
away.
Cold Water/
Low Pressure
Washing
Remove oil that has
adhered to rocks or man-
made structures. Oil
floated to shoreline for
pickup by a skimmer.
Boulder, cobble and rock/
seawall shorelines heavily
oiled. Not appropriate for
sedimentary habitats. Best
where adhered oil must be
removed to prevent
continuous release into
environment.
Not appropriate for
sand, gravel, mud
beaches, marshes or
shorelines where
destruction of
biological
communities must be
avoided.
May flush
contamination into
other areas.
Increases turbidity
in water.
Cold Water/
High
Pressure
Washing
Better for removing
adhered oil. Water
pressure up to 100 psi.
Riprap, rock and seawalls.
Can be used to float oil out
of crevices.
Not appropriate for
sand, gravel, mud
beaches, marshes or
shorelines where
destruction of
biological
communities must be
avoided.
Removes many
organisms on
surface. May drive
oil deeper or flush
into other
environments.
Increases
turbidity.
Warm Water/
Moderate to
High
Pressure
Washing
Mobilize thick and
weathered oil adhered to
rock surfaces prior to
flushing it down shore
for pickup.
Boulder, cobble, and rock/
seawall shorelines that are
heavily oiled. Not
appropriate for sedimentary
habitats. Good for
weathered or difficult to
remove oil.
Tradeoff between
damage to the
biological community
versus damage from
leaving oil in place.
Can kill or remove
most organisms. May
flush oil into
other environments.
Increases
turbidity.
Apper C - 4 - 2
-------
ACTION
DESCRIPTION
WHEN TO USE
BIOLOGICAL
CONSTRAINTS
ENVIRONMENTAL
EFFECTS
Hot H&fcer
Pressure
Washing
Dislodge trapped oil
from inaccessible
locations and surfaces
not amenable to
mechanical removal.
Requires extensive
equipment (water heat -
170°F) . Vacuuming
necessary to remove oil
flowing from rocks and
soil.
Not applicable to sandy
beaches, marshes or where
difficult to place
equipment.
Must be careful not
remove all attached
organisms from
surfaces. Decreases
biodegredation
potential.
Has a highly
negative impact on
most environments.
Possibility of
driving oil further
into substrate.
Slurry Sand
Blasting
Use sandblasting
equipment to remove
heavy residual oil from
solid substrates.
Seawalls and riprap.
Equipment can be operated
from boat or land.
Not to be used in
areas with high
biological abundance
on the shoreline.
Possible
destruction or
smothering of
organisms.
Vacuum
Use suction head, hose,
pump and storage tank to
recover free oil from
the water surface.
Use for large volumes of
free oil. Can be used on
any shoreline if accessible.
Do not use in areas
where foot traffic
and equipment may
harm organisms.
Minimal impact if
done correctly.
Shoreline
Removal,
Cleansing
and
Replacement
Remove and clean oiled
substrata before
returning it to the
excavated area.
Cleansing includes hot
water wash or physical
agitation with a
cleansing solution.
Sand, pebble, gravel, etc.
Applicable where permanent
removal of sediment is
undesired. Equipment must
be close to excavation area
to reduce transport
problems. Cleaning
solutions must be properly
disposed.
Typically
unacceptable in
spawning areas.
Almost all life will
be removed from area.
Replaced material
must be free of oil
and toxic substances.
May be detrimental
if excessive
substrate is not
replaced. Very
large equipment
causes
environmental
disruption. Could
be negative impact
if cleaning
solution not
properly disposed.
Cutting
Vegetation
Manual cutting of oiled
vegetation using weed
eaters and removal of
cut material with rakes.
Cut vegetation is
immediately bagged for
disposal.
When risk of oiled
vegetation contaminating
wildlife is greater than the
value of the vegetation that
is to be cut, and there
isn't a less destructive
method.
Prevent forcing of
oil into sediments
and contaminating the
root structures.
Can be a total loos
of habitat for some
animals. Erosion
may occur if
vegetation does not
grow back.
Apper C-4-3
-------
APPENDIX C-5.
NATIONAL PRODUCT SCHEDULE
Section 300.905, Subpart J of the NCP establishes the NCP Product
Schedule which contains those dispersants, other chemicals and
biological products that may be authorized for use on oil spills.
Also, presented in Section 300.9 05 are the procedures for
obtaining authorization for the use of items on the NCP Product
Schedule. A copy of the NCP Product Schedule is located in the
EPA Region IV Response Center located in Atlanta, Georgia.
Appendix C-5-1
-------
ANNEXD
REGIONAL RESPONSE RESOURCES
PURPOSE: Immediate action to a release is critical for
minimizing the impacts to people and the environment. A key part
of any action is having the appropriate response resources (i.e.
personnel, equipment) available and at the scene as quickly as
possible. Pre-planning and identification of response needs and
resources facilitates the response and saves valuable time that
would normally be lost by hunting around for the required
resources. The information contained in this Annex is intended
to be used to direct cleanup operations so that the necessary
resources reach the scene of a response in a quick and timely
manner. The Incident OSC, with assistance from the Logistics
OSC, should use the information to locate and arrange for the
necessary response resources prior to their use. It is the goal
of this Annex to allow the Incident OSC to bring to bare all the
necessary response materials and equipment to a spill response to
ensure an efficient and effective cleanup operation.
SCOPE: The purpose of this Annex is to provide the Incident
OSC with a listing of the resources found through out Region IV
which can be applied when responding to an oil spill. The list
provide in this Annex are to be used by the Incident OSC to
direct the proper personnel and materials to a spill in a
efficient and effective manner. This listing provides the best
listing of available information. Other information sources
which are known and available to the Incident OSC should also be
utilized to ensure the prompt and successful outcome of a
response.
In addition, this Annex covers response contractors which operate
in Region IV. Some of these contractors are based within the
Region, and some are based outside but operate in the Region.
The tabs and appendixes lists BOA contractors, ERCS contractors,
and other competent and capable firms known to the EPA and other
response authorities of Region IV. Also included are a listing
of their particular types of material and equipment and the areas
which they operate. The contact names and phone numbers are
contained in EPA ERRB's Blue Book.
RESPONSIBILITIES:
A. INCIDENT OSC: It is the responsibility of the Incident
OSC to ensure that arrangements for the procurement of all
necessary equipment and the deployment of the equipment
occurs in an appropriate timeframe and in such a manner that
harmfull effects of the spill are minimized. The Incident
D-l
-------
OSC can oversee the procurement of the equipment personally
or may designate a qualified person, primarily the Logistics
OSC, to complete this task. The Incident OSC shall use the
information contained in this Annex to locate and secure all
necessary equipment that might be needed to cleanup the
spill. This is not limited to the emergency response
equipment, but also includes containment and transport
equipment which might be needed in later stages of the
response. Finally, it is the responsibility of the Incident
OSC to oversee the cleanup operations and make the final
decisions on the types of equipment employed in the response
and to ensure their proper deployment.
LOGISTICS OSC: The Logistics OSC coordinates with the
Incident OSC and the Clean up Teams and Advance Teams. When
tasked by the Incident OSC, the Logistics OSC shall conduct
the activities necessary to identify, obtain and deploy the
resources that are needed by the field teams. The Logistics
OSC is also responsible for ensuring that problems with
resources are solved quickly and effectively.
1. CLEANUP TEAM LEADER(S): The Cleanup Team Leader(s)
coordinates with the Logistics OSC or Incident OSC to
correctly and effectively identify needs and deploy response
equipment. Activities include but are not limited to the
following tasks:
* Monitor contractor's personnel and equipment;
* Oversee cleanup operations to ensure that all the
appropriate cleanup measures are being taken and
implemented properly;
* Maintaining documentation of equipment use and manhours
for cost tracking and recovery;
* Manage and oversee the necessary supply and logistics
of the needed equipment on a daily basis; and,
* Supervise response crews on their cleanup tasks and
goals.
It is the responsibility of the Cleanup Team Leader to
oversee, organize, manage, and deploy the cleanup teams on a
day by day basis. It will be necessary that this individual
prioritize and assign the tasks of the cleanup crews. The
Cleanup Teams Leader will handle the day by day details of
the cleanup operation and will need to have an accurate and
reliable assessment of the spill situation. The Cleanup
Team leader shall be familiar with all the equipment at hand
and should refer to the information in this Annex to
requisition any additional equipment.
2. ADVANCE TEAM LEADER: It is the responsibility of
Advance Team Leader(s) to correctly and effectively survey
the areas downstream from the spill and any other
D-2
-------
potentially effected areas so as to provide the Logistics
OSC or Incident OSC, depending upon the command structure,
with accurate information to plan and stage additional
equipment. From the survey, the Advance Team Leader(s)
should determine resources needed to contain any breakouts
of spilled material and to identify any sensitive areas
which may needed additional protection measures. As with
the Cleanup Team Leader, the Advance Team Leader shall
communicate and coordinate with the appropriate OSC to
ensure that all resources and materials are obtained and
deployed. The Advance Team Leader is also responsible for
locating suitable locations for the staging of equipment at
advance locations.
C. MANAGEMENT SUPPORT: Management shall assist in the
coordination of obtaining contractors and equipment, as
requested by the Incident OSC. Management shall work in
conjunction with the contracting officers of the ERCSs
contract and other resources to provide the Incident OSC
with requested and required material.
PROCEDURES: The Incident OSC shall, upon arrival, undertake
the necessary actions to assess the extent and severity of the
spill. This thorough investigation of the spill shall be
conducted immediately upon arrival at the scene so that valuable
time is not wasted and the effects of the spill are not worsened.
From this investigation, the Incident OSC, with assistance from
the Logistics OSC, should determine what resources are needed to
control, contain, and remediate the spill. Some of the factors
which should be taken into account are the type of waterway the
spill has occurred on and the speed and volume of the spill. The
Incident OSC shall also make determinations on the accessibility
of the spill to heavy equipment and/or recovery vessels. Once
the initial spill assessment is completed, the Incident OSC shall
ensure that the necessary equipment is located and deployed.to
the appropriate locations along the spill site.
If a cleanup response is already underway when the Incident OSC
arrives on-scene, either conducted by the discharger and/or State
and Local officials, an initial situation assessment shall be
conducted to determine the size and severity of the spill and
determine the adequateness of the spill response. If necessary,
the Incident OSC can augment the resources of the ongoing
response with Agency and RRT resources or, if necessary in very
For specific contracting procedures refer to Annex H on Funding and
Contracting.
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rare cases, assume the lead in conducting the response. If the
Incident OSC determines that the response undertaken either by
the discharger or other agencies is inadequate, then federal
moneys shall be released and contractors shall be deployed to the
scene to begin cleanup operations.
The Incident OSC shall review the information outlined in this
Annex to select the appropriate contractors and resources needed
to remediate the effects of the spill. The Incident OSC shall
examine the firms listed in the appendices and select those firms
which have the resources and capabilities needed to confront the
spill. Once the firm or firms have been selected, the Incident
OSC will provide the contractor with the necessary information to
respond to the spill and begin operations.
The information provided in this Annex is contained in Appendices
and Tabs, which are outlined in a chart located on the following
page.
D-4
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TITLE
Appendix D-l
Aviation Support
Appendix D-2
Basic Ordering Agreements (BOA),
USCG
Tab 1
USCG, Second District
Tab 2
USCG, Fifth District
Tab 3
USCG, Seventh District
Tab 4
USCG, Eighth District
Appendix D-3
Federal Region IV, ERCS Contractors
Appendix D-4
USCG Marine Safety Offices, Region
IV
Appendix D-5
Nongovernment and Private
Organizations
Appendix D-6
Supplemental Response Firms
{The information was lasted updated on 25 August, 1993}
D-5
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ANNEXE
COMMUNICATIONS
PURPOSE: This annex outlines operational procedures for
establishing communications for pollution responses. It is
designed to develop a communication system capable of rapid
expansion to meet the needs of the response. Sources of
communication support are listed which are available to the
responders.
SCOPE: To provide the appropriate level of communications
support, this annex presents capabilities available for planning,
coordination, and management of communications assets. The
different methods of communication will be listed with location
and support requirements for optimum results. The Annex provides
information and mechanisms for supporting agencies to enter the
response communications network. At the time of publication of
this plan, communications equipment continues to be added to the
inventory. Equipment currently on-hand is not fully operational.
More equipment is under contract for procurement and
installation. Therefore, no inventory listing is presented.
RESPONSIBILITIES:
A. Emergency Response and Removal Branch (ERRB).
* Provide OSCs and ERRB Staff with communications equipment
capable of performing emergency response deployment tasks.
* Obtain primary radio frequencies for ERRB operations.
Arrange for shared or temporary frequency allocations with
Federal/State agencies and state/local governments.
* Arrange for support from appropriate agencies when
communications requirements exceed in-house equipment
capabilities. Options are be: Federal Emergency Management
Agency (FEMA), General Services Administration (GSA),
Department of Defense (DOD), or U. S. Coast Guard (USCG)
Strike Team(s).
* Provide communications equipment training for personnel
capable of maintaining proficiency of using the equipment
and knowledge of procedures.
* Initiate administrative action for Interagency Agreements or
Memorandums of Understanding with supporting agencies for
communication equipment and/or assistance.
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B. Regional Response Center (RRC).
* Ensure communications equipment is operational prior to
issuing to the On-Scene Coordinator (OSC) or field teams.
* Assign and record frequencies allocated to a particular
response effort. Program frequencies into radio(s) before
releasing equipment for deployment.
* Maintain a file of agency, state, and local government radio
frequencies available for EPA use and reference.
* Maintain communications log books or journals throughout
each response event. Documents will become part of the
After Action Report and files.
C. Technical Assistance Team (TAT).
* Ensure communications equipment is operational for emergency
response deployment.
* Coordinate with the RRC on frequency assignment and ensure
TAT radios are calibrated properly for deployment.
* Provide communications training and maintain proficiency on
the use of equipment and knowledge of procedures.
D. On-Scene Coordinator (OSC).
* Properly utilize assigned communications
* Advise the RRC when frequency overlap or
requires changing frequency assignment.
* Ensure adequate communications equipment
operational for the response event.
PROCEDURES:
1. Communication Flow. Responsibility for providing communication
linkage flows from the highest supervisor level to the lower
operating elements or supporting activities of the response.
Example: ERRB arranges for equipment and establishes
procedures for the Incident OSC; who, in turn passes the
overall responsibility to the Logistics OSC; the Logistics
OSC arranges and assigns equipment to the Advance and
Cleanup Teams. The Logistics OSC provides operational
communication information to outside support agencies
(active radio frequencies and telecommunication network
numbers).
2. External Communications Support. There are sources for
augmentation of communications available for the response effort.
These sources are FEMA, GSA, DOD, or USCG. Request for support
to the controlling agency will be initiated by the Chief, ERRB
directly to the agency or through routine procedures of the
Regional Response Team (RRT).
assets.
interference
is available and
E-2
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3. Federal Emergency Management Agency (FEMA). The FEMA Emergency
Support Capability (FESC) can provide a Mobile Emergency Response
Support (MERS) detachment or a Mobile Air Transportable
Telecommunications System (MATTS) unit for response efforts. The
initial request to FESC will be by ERRB.
4. General Services Administration (GSA). A Memorandum of
Understanding exists between EPA and GSA providing procedures for
telecommunications support by GSA. Support available is radio
equipment, antennas, generators, etc. and is listed in the Other
Services portion of the MOU. The MOU is presented in Annex N of
this plan.
5. Miscellaneous.
* Department of Defense and U. S. Army Corps of Engineers.
Visible sources of communications support when "first hours"
or immediate support is not required. The most probable
support would be as an augmentation to existing capabilities
for a response effort. In support of a response to this
plan, the request would be through the Regional Response
Team. In support of a Federal Response Plan (Emergency
Support Function #10) response will be requested through the
Disaster Field Office staff. For either type response the
limiting factor will be the response time, generally 72 hours
or longer.
CAPABILITIES/EQUIPMENT AVAILABLE:
1. MRV System: The Multi-Radio Van (MRV) is the major component
of MERS. The van is designed to provide communications with
Federal, State, and local emergency response elements.
Capabilities include:
* Connection with public telephone networks (wire or microwave),
* Line-of-Sight radio and commercial KuBand Satillite operations,
* Radio and telephone "patching" equipment,
* Full range of high, very high, and ultra-high radio equipment,
* A 24 line telephone access panel for commercial operations.
The vehicle is capable of off-road operations, contains two 27
kilowatt generators, and has an eight foot satellite dish antenna
for KuBand operations. The microwave link is capable of
connecting with commercial telephone office's 14 miles from the
operations site. The MRV has been adapted for an airlift option
of deployment.
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2. Radio Frequencies: The following options are provided for
planning and operational considerations.
* Headquarters, EPA have been requested to allocate and assign
frequencies to ERRB for response and administrative purposes.
These frequencies will constitute the basis for all
communications capabilities for ERRB activities. As of the
publication of this plan, frequencies have not been allocated
or assigned.
* Temporary radio frequencies can be obtained from FEMA.
Normally, frequencies would be assigned to support FRP
activities. Operational rules and restrictions imposed by
FEMA will have to be adhered too when using their
frequencies.
* Sharing of frequencies with State/local governments during
response operations within their area can be arranged.
Operation rules and restrictions of the governments must be
adhered too when using their frequencies. An extensive
listing of the government entity and frequencies is available
in the RRC.
* Sharing of frequencies with USCG units is a viable option.
Primary entry into the system will be through the USCG Strike
Team.
3. Frequency Changes: The RRC is able to computer program
frequencies into all radios in the ERRB. Each response will be
allocated frequency(s) for a particular response event. When
there are operations difficulties with frequencies changes can be
accomplished.
4. Repeaters: Repeaters aid in getting more distance between radio
stations. Where available, they can be rented. Another option
is to use repeaters mounted in aircraft.
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ANNEXF
SENSITIVE ENVIRONMENTAL & ECONOMIC AREAS
PURPOSE: Response actions require extra care to protect the
natural environment in and around the spill location. Different
eco-systems have varying levels of resistance and resilience to
spill contaminants. There are areas around waterways which
contain critical habitats and endangered species which may
require more specialized consideration and protection than other
areas. Deployment of protection devices such as booms and weirs
along the river will serve to protect the overall environment but
quick and accurate identification of sensitive areas is crucial
to reducing the overall impact of the spill.
Contained in this annex is an outline of factors which can be
used to identify sensitive environmental areas as well as
economic areas.
SCOPE: The purpose of this annex is to provide the Incident
OSC with relevant information to assist in the identification and
determination of sensitive environments. Outlined within this
Annex is information which can be utilized to distinguish
sensitive areas found throughout the Region. It is not the
intent of this annex to provide a complete and total listing of
every sensitive area; a thorough listing of all these areas would
be to large to be useful. Provided are a list of factors which
should be taken into account when assessing potentially sensitive
areas. Also included as an Appendix, is a catalogue of lists
which provides information on environmentally susceptible areas,
such as National Parks, Wilderness areas, and undeveloped
sections of rivers. The goal of this annex is to increase
awareness of sensitive areas as a whole and to provide the
Incident OSC with sufficient information to facilitate the
identification process.
There is no way to outline a regimented and systematic approach
to protecting all sensitive environments for every spill. Each
spill is unique in the manner and volume of the material spilled
as well as in the location along the waterway. These dynamic
factors prevent the drafting of a concrete response plan.
Rather, the information contained in this Annex should be used to
provide insights into the types of environments effected by a
spill and what areas warrant greater and or immediate concern.
It is an unfortunate fact that eco-systems will be impacted by a
spill, and that some of the eco-system may have to be sacrificed
in the cleanup effort. However, it is the goal of this Annex to
provide information which will help the Incident OSC to identify
sensitive areas and take the appropriate measures to minimize the
impact of the spill.
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RESPONSIBILITIES: The following is a description of the roles
and responsibilities of Agency personnel during a spill response.
A. INCIDENT OSC: As prescribed in the NCP, the Incident OSC's
role is to facilitate cleanup activities and to insure
proper measures are taken to remediate the incident. The
OSC's function is to work in cooperation with the
responsible party and state agencies to provide a quick and
effective cleanup. It is preferable for the responsible
party and the state to take the lead in a cleanup operation,
however the EPA may have to step to the forefront of a
response action to protect threatened habitat or species.
The OSC should work with other agencies to ensure that
information about the environment affected by the spill is
gathered and distributed. Outlined in this annex are
various sources of information which the OSC may consult to
assist in determining and protecting sensitive environments
endangered by the spill.
B. STATE AGENCIES: Each state in Region IV has a department
or office charged with protecting the natural resources of
that state. Many of these state agencies catalog and
monitor sensitive environments. These personnel should have
more detailed information about the environments effected by
a spill. Agency contact names and phone numbers are in the
EPA ERRB's Blue Book.
C. CLEANUP TEAMS: Lead by an OSC or a representative of the
OSC, it is the clean teams responsibility to minimize the
overall impact the response action inflicts on the natural
environment. Efforts to cleanup the spill should be
carefully planned to prevent additional damage. Cleanup
teams should be directed to address the most sensitive areas
first when ever possible.
D. ADVANCE TEAM LEADERS: Advance teams are the forward
units in a response action. It is their role to evaluate
and identify sensitive areas prior to spill contact. The
advance teams should be deployed far enough ahead of the
spill to take protective measures to preserve sensitive
environments. Examples of protective measures include, but
are not limited to, booms, dams, or other diversion measures
to lessen the impact of the spill.
E. NATURAL RESOURCES TRUSTEES
1) Department of Interior - U.S. fish and Wildlife Service
This Agency is charged with monitoring and protecting
the natural resources found in the United States. Fish
and Wildlife maintains lists of endangered species and
will be called out to the scene to monitor the
F-2
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environmental impact of the spill and response actions.
The Fish and Wildlife can provide additional
information concerning natural resources issues,
endangered species, sensitive habitats, and wildlife
rescue.
2) National Oceanic and Atmospheric Administration
F. PRIVATE ORGANIZATIONS
1) State Natural Heritage Programs
All states in this Region have State Heritage Programs
to locate and monitor bio-diversity in their state.
These programs have been setup in joint cooperation
with The Nature Conservancy and the states of the
Region. Individual agreements are being setup between
the Agency and the states to provide incident specific
information concerning threatened and endangered
species in the event of a spill. No date has been
established as to when these agreements will be in
place.
2) Conservation Groups
Many natural areas are monitored by local and national
conservation groups, such as local fishing clubs like
Trout Unlimited and member organization such as The
Nature Conservancy. Local groups can be contacted at
the time of the spill to obtain information on
waterways they monitor and are potential sources of
information on the local natural resources. Many
national groups often maintain wilderness preserves. A
listing of these holdings is provided in Appendix 2.
{MORE TO BE ADDED LATER}
PROCEDURES:
INITIAL PROCEDURES
On arrival at a spill, the Incident OSC must make an initial
assessment to determine the material and volume of the spill. As
a part of this initial assessment, it is necessary for the
Incident OSC to determine the geographical and environmental
factors of the area surrounding the spill in order to plan the
proper protective and remedial measures. Guidelines for
determining whether an environment is sensitive are presented in
the next section. The steps for the ascertaining the
environmental impact of the spill are as follows:
Spill site: Investigate the spill location and the natural areas
already impacted to determine the extent of damage. Determine if
F-3
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any immediate actions at the scene can lessen further damage. At
the spill site, the Incident OSC should determine the direction
and rate of the flow. Immediate steps should be taken to stop
the additional release of material and to contain the spill.
Areas of immediate danger: Following the assessment of the spill
site, the OSC or representative should examine the areas
immediately downstream or adjacent to the spill, which although
may not have been effected by the spill, are in immediate danger
of contact with the spill. (Immediate danger can be defined as
impact occurring in a matter of hours.) If sensitive areas are
located, then preemptive measures should be taken to minimize the
spill's impact prior to contact. This includes, but not limited
to, booms, dams, or other diversion measures to lessen the impact
of the spill. Preservation of a sensitive area depends on
actions taken prior to spill contact.
Areas of potential danger: While steps are being taken to control the
spread of the spill, the Advance Teams shall conduct a
reconnaissance to determine what other sensitive areas might be
impacted if the spill flows further downstream. If sensitive
areas are located, provisions shall be made to protect these
areas in the event of further release. Preparation should be
made for the deployment of additional cleanup teams, in the event
of a breakthrough of previously contained material.
SECONDARY PROCEDURES
Once a sensitive area has been identified and protective measures
have been taken, the Incident OSC shall monitor the integrity and
effectiveness of these measures. A minimum daily inspection will
be carried out to ensure that the protective measures are holding
in place and no additional measures are needed. The Incident OSC
will also designate a qualified person, such as wildlife
biologist, to monitor the ecological health of the threatened
area.
{IS THERE A VOLUME DEFINITION OF MINOR, MEDIUM, MAJOR, OR WORST
CASE SPILL?}
DESCRIPTION OF SENSITIVE AREAS
1. GENERIC CRITERIA
The following is a partial listing of the area types which might
be considered sensitive, either environmentally or economically.
ENVIRONMENTAL
A. Wetlands: Marshes, swamps, and other areas where water flow
is usually slow and has a high occurrence of vegetation.
These areas support a large amount of species diversity and
can be used by these species for breeding.
F-4
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B. Endangered species: Areas which contain endangered species,
both flora and fauna, exist throughout the Region. These
species are often found in well defined preserves, but they
may also exist in small remote populations. For example, in
the State of Georgia, a species of river lily exists in only
one location, a sand bar in the middle of a particular
river.
C. Critical habitat: These areas support communities of animals
and plants which although might not come into direct contact
with the spill, rely on the waterway for food, habitat, or
breeding grounds. If a river becomes contaminated, this may
reduce the source of drinking water and food for upland
species.
D. Natural Areas: These are areas which posses value as a whole
eco-system. They may not contain endangered species, but
are representative of the eco-system in its most natural
state. Examples of these areas are outlined in the
Outstanding Rivers List or the List of Wild and Scenic
Rivers, which are presented in Appendix 2.
2. CHARACTERISTICS TO DETERMINE AND IDENTIFY SENSITIVITY
The following factors are to be utilized in determining
sensitivity of an area. These factors are not the only criteria
for determining sensitivity, but are presented here to provide a
general formula.
ENVIRONMENTAL FACTORS
A. Geography: Examine the position of the river or waterway.
River and lake characteristics differ whether they are
positioned in the Piedmont or Coastal Zone. Refer to a map
of the state to determine in what zone the waterway is
located. The Piedmont Zone lies above the fall line and
it's waterways are distinguished by shallow, fast-flowing
rivers which usually have many changes in direction. The
forest surrounding a Piedmont Zone river predominately
consist of hardwoods and the land slopes sharply to the
river. Below the fall line, in the Coastal Zone, the rivers
straighten and widen with a steady flow. The land around
the river has a more gradual slope.
Many of the larger lakes in the Region have been developed
by the construction of dams along rivers. These areas are
widely used by communities for recreation and a spill can
impact these activities. Conditions vary whether a water
way is a tributary stream or major river. Tributaries not
usually not as fast-flowing as major rivers and are often
used as breeding grounds for aquatic wildlife. Also,
tributaries do not "flush out" as fast as major rivers and
spill material may collect in pools or eddies.
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B. Season: Water flow and the dispersion of flora and fauna
varies widely with the season. Determine what species and
habitats are more susceptible at different times of the
year. In the winter time, vegetation is dormant and less
vulnerable than in the summer growth seasons. The animal
communities found in and around a waterway also differ in
members and numbers throughout the year.
C. Habitat: The types of habitat that may support endangered
species are not uniformly distributed on rivers, even those
rivers which are similar. Evaluate the potential for
sensitive habitats by the amount of development present on
the river, the impact of past spills or whether the location
could be considered pristine.
D. Lists/Mans: Consult Ecologic Information Catalog, contained
in Appendix F1 & F2 for a listing of potential environmental
and ecologic areas found in the Region. This listing
outlines areas such as protected sections of rivers, public
and privately held conservation areas, and State and
National Wildlife areas. Also, included is a listing of
endangered species by county for each state in the Region
along with a state map. Consult these resources for
information on areas immediately effected by a spill and
areas which might be impacted as the spill progresses. In
the future, the Region hopes to develop a Geographical
Information System program which will incorporate all
relevant data onto a computer based system.
E. Local Resources: Determine what local sources of information
are available for the area of the spill. Consult State
Heritage Programs or local conservation groups for detailed
information concerning impacts a spill might have on the
areas biologic systems.
F. On-Scene Conditions: Use own observation and the information
gathered by advance teams concerning the factors are present
at the spill and the areas likely to be impacted. Conduct
reconnaissance of waterways to determine what areas are
likely to be sensitive and then verify or deny. All spills
have different components, as do all eco-systems and natural
habitats. Use all information possible to determine the
best method for determining the most effective strategy for
protecting sensitive environments.
ECONOMIC
Economic sensitive areas have been determined by the Oil
Pollution Act of 1990 as public drinking water intakes. These
facilities are located on the shores of streams or rivers used as
a municipal water source. These intake points can be located by
contacting the local agencies concerned with local water supply.
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These agencies should be notified of the spill as soon as
possible and advised to prepare for the protection of the
municipal water intakes. Additional protection measures may have
to be undertaken to prevent the contamination of the local
drinking water supply.
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APPENDICES
Information concerning sensitive areas are attached to this annex
in two appendices outlined below.
{THIS information is still being prepared}
APPENDIX F-l - Endangered Species Information
Appendix F-l provides a listing of endangered species, presented
for each state by county, found throughout the Region. Provided
is a map of each state, showing the county boundaries and the
watersheds. When a spill occurs along a particular waterway or
body of water, the spill site is located by the county in which
it occurs. Once the county is known, its location is determined
on the map by using a directory provided with the map. The
responder then turns to the list for endangered species in that
county. Adjacent counties can also be located on the map to
identify species that might be threatened downstream from the
spill.
Also provide in Appendix F-l are contacts for additional sources
of information. Included are contacts with the U.S. Fish and
Wildlife Service, the State's Natural Resources Departments, the
State's Natural Heritage Programs, and other relevant agencies
and services which might provide information on endangered
species.
APPENDIX F-2 - Critical Habitat Catalog
Appendix F-2 provides information on the critical and endangered
habitats found throughout the Region. Information is provided on
parks, preserves, refugees, and protected areas. The information
is presented in a category by category format and maps are
provided to aid in the location of the habitats.
ADDITIONAL INFORMATION SOURCES:
AGENCY RESOURCES
* Regional Response Center
Located in the Region IV Headquarters; Response Center
contains sources of information and resources developed
in this Annex. Included in this information is the
identified sensitive environments for Region IV.
* National Response Center
* Regional Response Team
* National Response Team
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ADDITIONAL RESOURCES
* U.S. Fish and Wildlife Service
This agency monitors and protects the endangered
species found throughout the United States
* State Natural Heritage Programs
These programs monitor bio-diversity in the individual
states. They have been described above and contact
sheets are included in Appendix 1.
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RESPONSIBLE FEDERAL AGENCIES FOR
SPECIFIC ENVIRONMENTAL RESOURCES
CON'T
AREAS
RESPONSIBLE AGENCY
National River Reach
designated as recreational
EPA
Federal or State designated
scenic or wild river
Dept. of Interior
National Conservation areas
Dept. of Interior
Bureau of Land Management
Hatcheries
U.S. Fish and Wildlife Service
Waterfowl management areas
U.S. Fish and Wildlife Service
(Taken from Attachment D-I, Appendix D)
NOTE:
WHERE EPA IS DESIGNATED AS THE RESPONSIBLE AGENCY, THE
INFORMATION WILL BE PROVIDED BY THE APPROPRIATE REGIONAL OFFICE.
PLEASE CONTACT STATE AND LOCAL AGENCIES FOR INFORMATION ON
RESOURCES THEY MANAGE.
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SUMMARY OF 40 CFR PART 112, APPENDIX D
The following has been compiled from Appendix D of 40 CFR 112,
which is concerned with the Oil Pollution Act. The information
summarized below covers sensitive environments and critical
habitats. For detailed information on this topic refer the
Appendix.
RESPONSIBLE FEDERAL AGENCIES FOR
SPECIFIC ENVIRONMENTAL RESOURCES
AREAS
RESPONSIBLE AGENCY
WETLANDS, as defined in 40 CFR
230.3
EPA
CRITICAL HABITAT for
endangered/threatened species
NOAA
U.S. Fish and Wildlife Service
HABITAT used by
endangered/threatened species
NOAA
U.S. Fish and Wildlife Service
MARINE SANCTUARIES
NOAA
NATIONAL PARKS
Dept. of Interior
National Park Service
FEDERAL WILDERNESS AREAS
U.S. Department of Agriculture
COAST ZONE MANAGEMENT ACT
designated areas
NOAA
NATIONAL ESTUARY PROGRAM
NOAA
NEAR COASTAL WATERS PROGRAMS
areas
EPA
CLEAN LAKES PROGRAM critical
areas
EPA
NATIONAL MONUMENTS
Department of Transportation
NATIONAL SEASHORES
RECREATIONAL AREAS
Department of Interior
National Park Service
NATIONAL LAKESHORE
RECREATIONAL AREAS
Department of Interior
NATIONAL PRESERVES
Department of Interior
NATIONAL WILDLIFE REFUGES
NOAA
U.S. Fish and Wildlife Service
COASTAL BARRIER RESOURCES
SYSTEM(units, undeveloped,
partially developed)
U.S. Fish and Wildlife Service
CONTINUED ON NEXT PAGE
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ANNEX G
WORKER HEALTH AND SAFETY
PURPOSE: When conducting a response, quick actions are needed
to minimize the impact of the spill and to prevent further
migration of the spill. Also crucial is the health and safety of
workers, both contractors and volunteers, is crucial. A plan
must be developed from the onset of response actions outlining
the proper working conditions necessary to ensure the safety of
cleanup personnel. No response can be considered effective if
personnel are injured and the need for a swift cleanup is put
ahead of health and safety concerns. The Incident OSC is
responsible for inspecting and correcting poor or dangerous work
conditions. The OSC needs to monitor all health related issues
and dedicate specific Health and Safety oversight personnel when
necessary. It is possible to prepare a generic sa£ety plan which
can be used in the event of an emergency spill response action.
The plan must contain the appropriate attachments to cover the
work required. Safety guidelines concerning worker health and
safety are outlined in 29 CFR 1910.120 and should be consulted in
the development of a response plan.
SCOPE: This Annex provides the necessary information for the
Incident OSC to construct an emergency response oriented safety
plan. The scope of a safety plan should provide the basic safety
guidelines and attachments which cover the work anticipated
onsite. Provided in the Appendix of this Annex are various
guidelines and SOPs which can be used to construct a non site
specific safety plan to be used in emergency situations. In the
event of a release, the Incident OSC can refer to the index of
attachments provided in the Appendix and select the relevant
information. These files can then be used to form a safety plan
covering the known hazards occurring at the spill.
RESPONSIBILITIES:
A. INCIDENT OSC: It is the overall responsibility of the
Incident OSC to determine the appropriateness of the level of
health and safety measures taken during the course of a response
action. When the State or the responsible party have taken the
lead in a response, the OSC should review the implemented safety
procedures and determine if they are adequate for the given
situation. If the level of safety does not meet the proper
guidelines, an unaddressed health or safety concern exists, or
the OSC determines that a threat to the health and safety of
onsite worker exists, then the OSC may take measures to correct
the situation. If the deficiency is not repaired, the Incident
OSC has the authority of take over the response action.
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If the response actions are being conducted by the Agency, then
the OSC has the final decision on health and safety protocols for
the removal. It is the responsibility of the OSC designate a
site health and safety official, either the OSC or other
qualified representative, to insure that no unsafe work practices
are conducted. If the clean up is large enough to warrant a
cleanup team(s), then the team leader(s) will be responsible for
the safety of each crew.
B. DESIGNATED HEALTH AND SAFETY OFFICERS: The Incident OSC
shall assume the role of the site safety officer or designate a
site health and safety officer upon arrival at the response
scene. The function of the site safety officer is to coordinate
all health and safety issues and to monitor site activities for
safety concerns. The site safety officer role is to ensure that
all workers are properly trained, to organize the training of
volunteer workers, and to prevent untrained personnel from
entering the work or contaminated areas. Additionally, the site
safety officer performs morning safety meetings and monitors
onsite activities, performing medical and heat/stress monitoring
as necessary.
C. CLEANUP TEAMS: Cleanup teams are responsible for physically
removing the spilled material from the effected areas. It is the
responsibility of the team leader(s) to take the appropriate
steps to insure that all safety regulation are followed and to
ensure the health and well being of the crew. The leader should
make sure that the crews have all the necessary equipment and
materials needed to conduct cleanup operation in a safe,
effective manner. Examples of these are as follows; life jackets
for water work, waders and gloves for shore work, and where
applicable, monitoring equipment to detect the buildup of
dangerous fumes or vapors. Also, the leaders need to ensure that
the crew have the appropriate amount of material support with
such items as replenishing drinks, warm clothes and transport.
Health and safety issues relate to all aspects of the cleanup
operation, not just contact with the released material.
D. ADVANCED TEAMS: Advanced teams are responsible for
reconnaissance of the river downstream from the spill site.
Although these personnel will not, most likely, come into contact
with the spill, travelling along the waterway posses dangers to
the personnel. Investigating the shore of the waterway or lake
often involves moving along rocky or slippery shorelines. Care
must be taken that crew members do not slip and fall into the
water. They might be taken downstream, or, in the case of a
winter spill, be immersed and succumb to hypothermia. If
reconnaissance is conducted by vehicles, care should be taken
that the proper operation SOPs are followed. SOPs for boat and
helicopter safety are to be found in Appendix G-l.
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E. MANAGEMENT SUPPORT: The Incident OSC or the site health
and safety officer can call on Agency management to obtain health
and safety information from the Regional Response Team (RRT), the
Regional Response Center (RRC), and from the Regional Incident
Coordination Team (RICT). Branch management shall obtain
assistance in health and safety issues through other agencies
such as the Occupational Health and Safety Administration (OSHA).
Management support can also assist in deploying further Agency
resources to the spill scene as needed.
F. OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION (OSHA):
OSHA is a division of the Department of Labor which regulates
work and health safety issues.^ OSHA's role and responsibilities
are outlined in 29 CFR 1910.120 and these regulations cover
hazardous material worker safety. Site safety plans and safety
precautions are also mandated by these regulations. OSHA has the
power to inspect response site to determine if all necessary
safety precautions are being met. To insure that all health and
safety issues are being addressed, select a qualified individual
to be the site health and safety officer, this being a person
with adequate experience and training, and consult an industrial
hygienist or health and safety professional on any questions or
concerns.
{MORE TO BE ADDED}
PROCEDURES:
PRE-RESPONSE PROCEDURES: Before responding to a spill,
responders needed to identify the material in order to determine
the associated health risks. If an exact determination of the
spilled material can not be obtained, the most likely suspected
material should be used to formulate a health and safety plan.
The plan should be developed to provide sufficient safety
information to cover all expected work and provide provisions for
obtaining additional information as soon as possible. It is the
responsibility of the Incident OSC to put the safety plan into
effect upon arrival at the scene.
INITIAL ONSITE PROCEDURES: Upon arrival on site, the Incident
OSC should initiate the safety measures outline the plan, if
safety measures have not already been implemented by either the
responsible party or State. If appropriate, the Incident OSC
shall designate a site health and safety officer. If safety
measures have been implemented, the Incident OSC should inspect
these measures to determine if the are appropriate and if they
should be expanded. The OSC should review all health and safety
related issues to ensure they are no unaddressed dangers and
clearly any unresolved topics.
G-3
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CLEANUP PROCEDURES: Once response work begins, the Incident OSC
or the health and safety officer should monitor and adjust health
and safety procedures and practices to ensure they match the work
being conducted. If the scope of work changes, the OSC should
initiate the appropriate changes to the safety plan.
An overall safety protocol shall be implemented for extended
response those lasting more than just a few days. This protocol
shall include such things as daily meetings, air monitoring (if
necessary), first aid and medical monitoring for heat and cold
stress. Proper protocols for these concerns are found in
Appendix G attachments (Refer to Index).
G-4
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APPENDIX G-l
GENERIC SITE SAFETY PLAN
SECTIONS
Section A
Site Description
Section H
Decontamination
Section B
Entry Objectives
Section I
Sanitation
Section C
Site Organization
Section J
Emergency
Procedures
Section D
Site Control
Section K
Communi cat i ons
Section E
Hazard Evaluation
Section L
Safety Meetings
Section F
General Site
Procedures
Section M
Safety Officers
Section G
Personnel Protective
Equipment
Section N
Authorizations
ATTACHMENTS
1) Generic Hazardous Substance
Information (Site specific)
13) Decon Layout
la) Oils containing
Benzene
14) Decon for Oil
lb) Oil not containing
Benzene
15) Briefing Log
lc) Hydrogen Sulfide
16) PPE Ensemble Sheets
2) Site Maps
17) Helicopter Safety
3) Toxic Exposure Information
18) Small Boat Safety
4) Heat Stress (Short Form)
19) On-Site Medical
Monitoring
5) Heat Stress (Long Form)
20) Safety Plan Evaluation
6) Cold Stress (Short Form)
21) Site Organizations
7) Cold Stress (Long Form)
22) Safe Work Practices for
Oily Bird Rehab
8) Sanitation Requirements
23) Products with Benzene
9) Confined Space Entry
Checklist
24) Training Evaluation
10) Safe Manual Lifting
Procedures
25) Motor Vehicle Safety
11) Simplified Work Plan
26) Bites, Stings, and Plants
12) Monitoring Report Sheets
27) Container handling and
Spill Containment
Appendix G-l-1
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ANNEXH
FUNDING AND CONTRACTING
PURPOSE: Under CERCLA and OPA, the party(ies) responsible for
discharges or releases are liable for cost of the response and
cleanup. If the party is unable or unwilling to act promptly to
remove or mitigate the discharge, response actions may be
intitiated by the Incident OSC. In order to carry through on
such a decision there must be adequate funding along with support
and documentation mechanisms.
SCOPE: This Annex provides the Incident OSC and response staff
with the proper guidance to secure adequate response funding and
adhere to applicable contracting requirements. In addition, this
Annex describes the funding mechanisms available for response and
outlines the procedures to follow to properly document
expenditure of those funds.
RESPONSIBILITIES and PROCEDURES:
A. Funding
1. Ha7ardous Substances Releases: CERCLA funds are available to
respond to and cleanup hazardous substance releases. Region IV
is given funding on a quarterly basis. In the event that
adequate funding is not available for the response, EPA
Headquarters should be contacted immediately to obtain funding.
EPA OSCs have been delegated emergency procurement authority of
up to $50,000. If that amount is not adequate to fund the
response, the Waste Management Division Director can approve a
removal cost ceiling of up to $2,000,000.
2. Oil Discharges: Funding for removal of oil discharges is
available from the Oil Spill Liability Trust Fund, managed by the
USCG National Pollution Funds Center. Procedures for accessing
this fund are outlined in the Oil Spill Response Checklist.
EPA OSCs have been given ordering authority for BOA contracts of
up to $25,000.
1. Federal Project Number and Incident Ceiling
The Incident OSC is responsible for ensuring that adequate
funding is available to conduct the response and that costs
remain within established ceilings.
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Applicable duties for the Incident OSC:
a. Contact the appropriate USCG district to obtain a
Federal Project Number (FPN) and a cost ceiling.
b. Monitor costs daily to ensure that cost ceiling is not
exceeded.
c. Request ceiling increases from the USCG district when
total project costs reach eighty-five (?) percent of
the incident ceiling.
d. Documentat ion Requirements: to be developed.
2. Reimbursable Account
A reimbursable account should be set up under the following
conditions:
a. When funds are needed for EPA employees to travel to
the incident.
b. When it becomes necessary for EPA Contracting Officers
to apply their warrant authority to issue contracts for
the response.
A reimbursable account may be set up with the EPA Financial
Management Center, Cincinnati, OH using procedures outlined in
the Oil Spill Response Checklist. In the event that there is no
existing blanket Interagency Agreement (IAG) with the USCG, an
incident-specific IAG may be used to set up a reimbursable
account.
3. Natural Resource Damage Assessments
The responsibility for securing funds for Natural Resource Damage
Assessments shall rest with the relevant trustee(s) for the
incident.
B. Contracting
This section covers the mechanisms to secure both private and
governmental services to assist the Incident OSC in carrying out
the response action. The contracting function will reside in the
Logistics section of the response organization.
1. Contracting Officers
a. USCG Maintenance and Logistics Command: Atlantic
(MLCLANT): Located in Governors Island, NY, MLC is the
primary contracting authority for oil spills.
H-2
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b. EPA Contracting Officers: EPA COs have the authority
to obligate EPA funds. In order for am EPA CO to
commit oil response resources on behalf of the federal
government, a reimbursable account would first need to
be set up (see Funding). EPA COs may be requested by
the Incident OSC through the Regional Incident
Coordination Team (RICT).
Cleanup Contractors
a. Basic Ordering Agreement (BOA) Contractors: BOA
contractors may be activated by contacting MLC. BOA
contractors have pre-negotiated rates for labor,
equipment, and materials- A current list of BOA
contractors is maintained in the Blue Book.
b. EPA Emergency Response Cleanup Services (ERCS)
Contractors: In a worst case discharge EPA ERCS
contractors may be called on to respond. Because their
contracts and ceilings are tied to available CERCLA
funding, the procedures outlined below for securing the
services of a non-BOA contractor should be followed.
c. Non-BOA Contractors: Securing the services of a non-
BOA contractor will require negotiation of rates by a
CO. These contractors may require some assistance in
understanding documentation and invoicing procedures.
The USCG Maintenance and Logistics Command publication
will help the contractor understand this process.
d. TAT Contractor: Though not a cleanup contractor, the
EPA Technical Assistance Team is available to provide
assistance with documentation, sampling and analytical
requirements, and Mobile Command Post Operations. TAT
assistance is provided through the issuance of a
Technical Direction Document (TDD).
e. Oil Spill Response Organization (OSRO): The National
Strike Force Coordination Center, Elizabeth City, NC
rates contractors on their capabilities to handle
various sized incidents based on where the spill
occurs. A contractor rated "E" is the most qualified,
and an "A" the least qualified.
Government Agency Services
a. Federal: Refer to the Base Plan for the specific
services each agency can provide. Federal government
agency services may be secured through the use of a
Pollution Removal Funding Authorization. When time
permits or where more detail is necessary, an IAG may
be negotiated with the relevant agency. The Coast
Guard Strike Teams do not require such documents for
oil spill responses.
H-3
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b. State: A state agency may be contracted through a
Letter Contract. The ceiling on this type of contract
is $10,000.
c. Local; See b.
(Are instructions on PRFAs and Letter Contracts necessary?)
4. Subcontracted Procurements
Office space, equipment, materials, labor, and
transportation and disposal will, in most cases, be provided
through the various contract mechanisms and billed to the
government as part of the incident specific costs.
5. Government Procurements
In the event that contractors cannot provide certain goods
and services, they will be procured by the government, with
Contracting Officers and procurement staff overseeing the
purchases. The Agency maintains a Mastercard/Visa which is
available for rapid, streamlined purchases. The per
purchase limit for the Mastercard/Visa is $2500. Purchases
by EPA will require a reimbursable account to make the funds
available.
6. Procurement Constraints
The following information is provided as general guidance on
federal procurement regulations. A CO should be contacted
for specific details and to ensure that these rules are
adhered to throughout the incident.
a. The Federal Acquisition Regulations (FAR) §6.302-2
allow government purchases without full and open
competition in situations of "unusual and compelling
urgency". Federal response to a (major/ worst case?)
discharge meets the FAR criteria for "unusual and
compelling urgency". Some justification or
certification must be provided after the fact at the
following levels of approval:
Under $100,000
$100,000 to $1,000,000
Over $1,000,000
Contracting Officer
Competition Advocate
Director, Office of
Acquisition Management (0AM)
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ANNEX I
PUBLIC INFORMATION
PURPOSE: When an incident occurs, it is imperative to give the
public prompt, accurate information on the nature of the incident
and the actions underway to mitigate the damage. Those in charge
of the response and associated public relations personnel should
ensure that all appropriate public and private interests are kept
informed and that their concerns are considered throughout the
response. Sections 300.155, 300.415, 300.430 and 300.435 of the
NCP require the establishment of a means for coordinating,
informing and updating the public during the response and removal
activities. A prompt and full information flow is essential to
getting cooperation from people and keeping them informed.
SCOPE: This Annex outlines the responsibilities responders,
primarily the OSC, have to the public during a response and
discusses the resources available to fulfill those
responsibilities. It also provides a number of guidelines for
handling media interaction, public relations and political
interest. Often the success or failure of a response effort is not
based upon what actually took place, but upon the information the
media and the community received. The following guidelines will
assist in the development of a successful public information system
during a response.
GOALS OF A PUBLIC INFORMATION SYSTEM
1. Reach the affected public as soon as possible regardless
of the time of day or night. Also provide updates on a
routine basis or as incident conditions change.
2. Inform the public of the situation and all associated
threats.
3. Tell the public what actions to take.
4. Give follow up information as to when the next update will
be and who they can contact for additional information.
5. Clear all information through the OSC or Incident
Commander prior to release to the public.
I-i
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RESPONSIBILITIES:
A. OSC: According to the NCP, the OSC and designated public
relations personnel are responsible for keeping both public and
private interests informed of the nature of the incident and the
actions being taken to mitigate the threat. The size of the OSC's
public information staff depends upon the response situation. It
is up to the Incident OSC to designate the media and community
spokespeople for the incident and allow them to coordinate public
relations activities. When necessary, the Incident OSC shall be
available to meet with the media and local community members to
answer questions and present technical information.
B. EPA Community Relations Coordinator (CRQ: Primary resource for
coordinating the preparation of fact sheets, public meetings,
community interviews and any other activities to inform the
community, residents and private interests, impacted by the
incident.
C. EPA Office of Congressional Affairs (OCA): As a liaison for the
responders in the field, EPA's OCA keeps dignitaries, State and
Federal elected officials and local representatives fully informed
of all response events. The OCA is also the official escort for
prestigious site visitors.
D. EPA Office of Public Affairs (OPAff): Provides support in media
relations tasks, such as developing press releases, processing
information requests from the media, or acting as an Agency
spokesperson. Assistance may be requested directly from the
Incident OSC or from the CRC.
E. Public Information Assist Team (PLAT): If requested, the pait will
provide personnel and expertise to the OSC needing additional
assistance with the media. The PIAT, a highly specialized, self-
contained, public affairs resource, is available through the
National Response Center (NRC) or the USCG National Strike Force
Coordination Center (NSFCC).
F. Joint Information Center (JIQ: For major spills where media activity
will last more than 2-3 days or a large number of agencies and
organizations are involved, a JIC should be established to
coordinate the Public Information activities of all participating
agencies and parties. This allows journalists and spokespeople to
coordinate media relations from a central location and ensures that
accurate information is released rather than rumors and
speculations. If a JIC is established, the spokesperson designated
by the Incident OSC shall speak for all the agencies present at the
response. Each agency can speak for itself about their specific
activities, however not the activities of other agencies. Specific
responsibilities and additional information for the JIC are
presented in Appendix 1-3.
1-2
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PROCEDURES:
A. INITIAL PROCEDURES: The Incident OSC has primary
responsibility for public relations during a response. For
effective and accurate information distribution, the Incident OSC
shall appoint spokespeople by using the following guidelines:
Minor spill: may only need one spokesperson who can coordinate
information from the Regional Office. The Incident OSC is the only
on-site spokesperson.
Medium or Major spill: both a media spokesperson (MS) and a CRC may
be needed on-site. May establish a support and briefing center
near the incident. In addition, a separate protocol officer (PO)
may be needed to handle VIP visitors.
Worst case spill: a MS, a CRC and a PO shall be selected to conduct
activities at the incident. A JIC shall be established as the
primary public affairs center.
B. MEDIA RELATIONS: conducted by the Media Spokesperson (MS)
1. Prepare press releases and media statements from
information gathered from the Incident OSC, POLREPS, fact
sheets, etc. Update at least daily or as status of
response changes.
2. Brief the Incident OSC each morning on media coverage of
the incident and specific public affairs goals for the
day. The Incident OSC should update the press release at
this time. If media interest is extremely high, the OSC
should be briefed more often than once a day.
3. Arrange for and coordinate press conferences as required
by the response events. A media availability session
with the Incident OSC should be conducted once a day
during the critical days of the response effort or when
media interest is great. For additional information on
how to conduct a press briefing, refer to Appendix 1-2.
All designated spokespeople report directly to the Incident OSC who should be
continuously updated on all media and community activities. In addition the
Incident OSC shall review all press releases, fact sheets, and any other items
before being released to the media or community. All media and community
inquiries should be directed to the appropriate spokesperson.
The primary purpose of the availability session is to put forth the Incident
OSC's assessment of the progress of the response, its secondary purpose is to
answer media questions.
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C. COMMUNITY RELATIONS: conducted by the Community Relations
Coordinator (CRC)
1. The CRC shall prepare fact sheets and distribute them to
the impacted community. Fact sheets may be updated as
response events change or as otherwise necessary. An
example of the standard fact sheet format is presented in
Appendix 1-1 along with a generic fact sheet on oil
spills.
2. If the threat to the community is significant or the
interest is large, the CRC may go door-to-door to meet
with individuals and discuss any concerns they may have.
This is also an excellent opportunity for the CRC to
collect from the community, information about the release,
the responsible party(ies), etc.
3. Arrange for and coordinate a public meeting or public
availability session to inform citizens of ongoing
activities and to receive citizen feedback on the proposed
course of action. The meeting is not a substitute for
other communication methods, but instead should provide a
technical presentation and the opportunity for a question-
and-answer session. Refer to Appendix 1-2 for guidelines
for conducting public meetings.
D. INTERNAL INFORMATION: Internal information is the process
of informing the response personnel of the status of all the
response activities. At a minimum, all personnel assigned to
response duties should be provided with access to the daily press
releases and fact sheets. This will help ensure a consistent and
accurate flow of information. For additional information on
communication during a response refer to Annexes B and E.
E. VIP RELATIONS: conducted by the Protocol Officer (PO)
1. The PO can be selected from the OCA or another similar
organization.
2. The PO shall be the liaison between the Incident OSC and
all interested VIPs (i.e., Congressional Representatives,
local officials, politicians, etc.) . It will be up to the
PO to gather information from the MS and CRC and
distribute it to the appropriate VIPs. The PO shall also
coordinate air and ground transportation for the VIPs when
travelling to and around the site.
3. The PO shall also escort VIPs around the incident site.
All tours must be coordinated through the Incident OSC, in
advance, to determine which areas can be visited and which
to avoid. The Health and Safety Coordinator must also
determine where people can go based upon their
40-hour safety training status.
1-4
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4. When VIPs visit or tour the site, the Incident OSC shall
make an effort to meet and talk with them to answer
questions and clarify information.
F. ACADEMIC INTERESTS and PRODUCT SALES REPRESENTATIVES: All
individuals and parties representing companies, schools and
universities should be directed to the designated Scientific
Support Coordinator. Refer to Annex J.
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METHODS FOR INFORMING THE PUBLIC
The following discussion examines the various means of public involvement and information
dissemination. It also shows the relative strengths and weaknesses of each strategy.
METHOD
STRENGTH
WEAKNESS
FACT SHEETS
go to Appendix 1-1
Can include details and graphics regarding
technical activities; can include points of
contact and phone numbers if people need
more information.
Often time consuming to distribute to each
community member; creates, possibly, more
questions than answers.
PRESS RELEASES
go to Appendix 1-1
Can include details and graphics regarding
technical activities; can include points of
contact and phone numbers if media members
need more information; can be faxed to
media outlets.
Must make sure to distribute evenly to
avoid giving one media representative aun
advantage over another; should be
continuously updated on a regular basis
until incident is concluded or no more
media interest.
DOOR-TO-DOOR
High credibility; provides details; can
target to a specific geographic area;
reaches everyone; builds excellent public
relations; adds a personal touch and
provides an opportunity to address
individual concerns.
Takes time; occupies personnel who may be
needed in other aspects; cannot cover wide
areas due to high personnel requirements;
expensive in both money and time.
PUBLIC MEETINGS/
PRESS BRIEFINGS/
AVAILABILITY SESSIONS
go to Appendix 1-2
Best methods for providing detailed
information in a brief amount of time.
Must notify people about meeting; public
and media must be moderated to keep
meeting from getting out of control;
cannot be easily called whenever
information needs to be updated; too many
meetings will result in loss of interest.
TELEPHONE HOTLINE
(1-800-NUMBER)
Manned 8-10 hours a day; gives public
instant access to someone to answer
questions; public feels less in-the-dark.
Can be overwhelmed with calls; often have
to limit who has access to the phone
number which reduces public's access to
information; need one person dedicated to
phone at all times.
RECORDED MESSAGES
Reduces the amount of time the MS, CRC, and
PO must spertd on individual phone calls;
people can receive updates at their
convenience; often is the most updated
source of information.
Must ensure that people receive phone
number; must keep updated; cannot use
jargon or technical words that are not
widely understood by the public; does not
allow addressing of individual questions
or concerns.
1-6
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METHOD
STRENGTH
WEAKNESS
AM/FM RADIOS
Instant communication; provides detailed
information and frequent updates; nearly
universal access; portable and auto radios
operate during power outages.
Users must be tuned in to receive
information; stations give inconsistent
priorities to news information; broad
reach of the transmission means areas and
people not affected by release receive the
message.
TELEVISION
Gives event credibility; available in most
households; gives up-to-date, detailed
information; can show video footage,
graphics, diagrams, etc.; can cut into
regular broadcast to give emergency
information.
Narrow window of opportunity since people
work and sleep; broad reach goes out to
people not impacted; affected by power
outages; cable channels are only received
by subscribers.
NEWSPAPER
Good for non-time critical information;
inexpensive and widely distributed;
detailed coverage; good for meeting
announcement s.
May only be published once a day or week;
will not include up-to-the-minute
information; may not reach a large portion
of the affected community.
TOUR OF SITE
Provides direct information to a limited
number of people.
Not useful for large numbers of people;
some degree of physical risk.
POLREPS/SITREPS
go to Annex B
Contain site details in a specific format;
good for internal communications; can be
edited for fact sheets and press releases.
May contain confidential information not
releasable the public.
DIRECT MAILINGS
Useful to inform people in a specific
geographic area of upcoming events or
information that directly affects them.
May be time consuming and logistically
difficult; often costly, especially if
sending return receipt.
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APPENDIX 1-1.
FACT SHEETS and PRESS RELEASES
A. FACT SHEETS: The following Sample Fact Sheet should be used
as a template for the Incident Fact Sheets. The fact sheet is
designed to provide the impacted community with important incident
details. Fact sheet should be written in non-technical terms and
updated as often as possible for distribution to the individual
members of the community.
Sample Fact Sheet
U.S. ENVIRONMENTAL PROTECTION AGENCY
FACT SHEET
"Name of Incident"
"Date"
CONTACT
PHONE: FAX:
SITUATION: summarize events to-date, explain how the responders got involved and
explain their roles
WHAT HAPPENED (or is Happening now):
describe the spill, any response efforts, future plans, etc.
WHEN: give timeframes, progress expected, etc.
WHERE: exact locations, where was oil, where is it now, where is it going?
WHO: who is responding, what are there plans, etc.
HOW: how much does it cost, how long will it go on, etc.
WHY: explain why the release occurred, why certain methods are being used,
use this block to clarify any information from above that may confuse or mislead the
readers
Graphics/Pictures:
Additional Information:
Appendix I-l-l
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B. PRESSRELEASE: The following Sample Press Release should be
used as a template. Press releases are designed to provide the
media with important incident details. They should be updated as
often as possible and distributed to the media points-of-contact
via fax or over the wire.
Press releases are written in an inverted pyramid sequence. The
most important information is in the first paragraph. Remaining
facts are then included in the release in descending order of
importance. Basic information for a press release must include;
who; what; when; where; how; and why.
Sample Press Release
US ENVIRONMENTAL PROTECTION AGENCY
Region IV
Office of Public Affairs
Name of Site
Location
Date
Current Site Activities
Brief Site History
Future Activities
Any other pertinent information
Appendix 1-1-2
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APPENDIX 1-2.
MEETINGS and BRIEFINGS
Guidelines: Pollution incidents that generate significant media and
community interest normally require press briefings and public
meetings. Given the emergency situation and the dangerous nature
of the incident, people want immediate answers and the assurance
that life will quickly return to normal. It is not uncommon for
such briefings and meetings to become shouting matches filled with
citizens, politicians, private groups, environmental organizations,
etc. each trying to express their concerns.
The following guidelines have been included to assist both the
Incident OSC and the associated public information officials in
preparing for such events. Through careful preplanning much of the
tension can be removed from the actual meetings.
Quickly identify buildings that are large enough and available
to handle the meetings during their scheduled times. Try to
find a location near the incident site. Possible meeting sites
include: fire stations, city halls, schools, police stations,
or other state and local government buildings.
If meetings and/or briefings are to be on a routine basis, be
sure to publish the times and locations well in advance.
Provide a press release, statement or press packet to the media
prior to holding a press briefing.
The CRC or MS should have a clear idea of the specific points
to be discussed and anticipate questions that may be asked.
Rehearse questions with everyone making a presentation at the
meeting, especially the Incident OSC.
Keep meeting structured but flexible. This flexibility is
required to address community concerns which at times may be
different from the scheduled agenda. If a meeting is overly
structured many community concerns will not be heard or
addressed.
Be sure to invite top officials and make sure that they are up-
to-speed on all special interest topics.
Facilitate presentations and clarify information by using
charts, diagrams and any other available visual aides. This
may require creativity due to the emergency situation and often
remote location of the incident.
If the meeting does get out-of-hand, end it whether all
presentations have been given or not. Do not become the
victims for other peoples' pent up anger and frustration.
Appendix 1-2-1
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APPENDIX 1-3.
JOINT INFORMATION CENTER
As stated earlier, the JIC is established when the response is
expected to last several days or there is overwhelming community
and media interest.
RESPONSIBILITIES OF THE JIC INCLUDE:
1. Providing phone lines, manned by knowledgeable
individuals, to answer incoming calls;
2. Ensuring state and Federal government information
representatives are available;
3. Issuing press releases to the media and providing copies
to response officials;
4. Scheduling and coordinating news conferences and media
briefings;
5. Providing the party responsible for the spill (RP) an
opportunity to coordinate their media efforts with those
of the OSC.
The JIC serves two purposes: to provide "one stop shopping" for
journalists, and, to coordinate media relations by locating all
spokespeople together. The size of the JIC will depend on the
number of agencies involved and the level of media interest. A
small JIC can be managed out of a one or two rooms. However,
larger JICs may require an entire building.
For larger JICs, a Director is needed to keep things running
smoothly. Because the EPA will be the lead federal agency for a
spill requiring a JIC, the Incident OSC shall select an EPA
spokesperson to serve as the JIC Director.
Specific sites for the JIC should be selected as soon as possible
after responding to the release. Find a location near the incident
but separate from the Incident Command Center. This allows for
greater control over information flow without disturbing the
response operations. A large JIC usually contains three sections:
a large workroom with tables or desks for each represented agency;
a separate room for journalists to write and file stories; and a
room for press briefings. If such rooms are provided, they must
contain enough phone lines to accommodate each agency's phone and
fax machine.
1. Workroom: will be very busy and may be manned 24-hours a
day. Figure on a space large enough to provide a two-person
work area for each organization involved. The JIC will also
need a room for the Director. Phone lines and fax machines
are essential.
2. Reporter's Room: can be very simple to allow reporters to
work in private. Be sure to provide phone lines to keep
reporters from using the phone in the workroom.
Appendix 1-3-1
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3. Briefing Room: needs to be large enough to hold
20-30 reporters and several TV cameras. It should have a
podium or tables for a panel to face the audience during
question and answer sessions. Good to have two exits; one
behind the podium to allow representatives to exit without
wading through reporters.
Under most spill scenarios, a JIC of this magnitude will not be
necessary, however careful preplanning can minimize the confusion
created by a major or worst case discharge. Should such a
situation occur, the National Strike Force's Public Information
Assistance Team (PIAT) is always available to help. Contact names
and phone numbers are located in the EPA Emergency Response and
Removal Branch's Blue Book.
Appendix 1-3-2
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ANNEX J
SCIENTIFIC SUPPORT
PURPOSE: Responding to an oil spill or hazardous substance
release requires a special expertise to identify and mitigate the
immediate problem and to prevent future damage. Given all the
demands during a response, it is difficult for the Incident OSC
to be the technical expert on all scientific issue. Often, it is
even difficult to oversee those experts that show up at the spill
site. To assist with such tasks, a Scientific Support Manager
(SSM) and team are selected to advise the Incident OSC on
scientific and technical matters.
SCOPE: The Scientific Support Team (SST) can provide a variety
of services during a response. This Annex presents the most
important, but often overlooked, roles required to effectively
assist the Incident OSC in managing scientific and technical
demands. The resources available for support are discussed along
with specific responsibilities.
RESPONSIBILITIES:
The SST is managed by the designated SSM which acts as a liaison
between the Incident OSC and the scientific community. The
responsibilities of both the SSM and SST include:
1. act as the principal liaison for scientific information
and will facilitate communications to and from the
scientific community on response issues.
2. Make recommendations to Incident OSC and Logistics
Coordinator on response strategies, technologies and
priorities;
3. Prepare trajectory models and impact predictions;
4. Work closely with Natural Resource Trustees and
resource managers;
5. Prepare and implement sampling and monitoring plans to
determine the extent of contamination and the
effectiveness of cleanup actions;
6. Provide information regarding toxicology, health
effects, etc. associated with the oil or hazardous
substances released;
7. Provide guidance and information on water treatment;
J-l
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8. Coordinate response activities with wildlife rescue and
rehabilitation activities; and,
9. Act as the point-of-contact for research opportunists
and product sales representatives.
PROCEDURES: TO BE DEVELOPED
PRIMARY AGENCY RESOURCES:
1. USEPA Environmental Response Team (ERT): ERT has expertise in
treatment technologies, biology, chemistry, hydrology,
geology and engineering. ERT's primary functions for a
response include:
a. 24-hour emergency response capabilities and assistance;
b. consultation in water and air quality criteria, health
and safety protocols, ecological risk assessment,
interpretation and evaluation of analytical data, and
engineering and scientific studies;
c. development and implementation of site-specific safety
programs;
d. provide specialized equipment for monitoring,
analytical support, waste treatment and containment and
control;
e. technical expertise for enforcement issues;
f. training;
g. technical experts for presentations at public meetings;
h. design specialized computer software to assist in
hazardous material cleanup and remediation;
i. operate and evaluate instrumentation and field response
systems;
j. sample and analyze air, water, and soil and perform
biological and ecological assessments; and,
1. conduct on-site health and safety assistance.
2. NOAA Scientific Support Coordinators (SSC): SSCs are available, at the
request of the OSC, to assist with actual or potential
responses to discharges of oil or relapses of hazardous
substances, pollutants or contaminants. Generally, SSCs are
provided by the NOAA in coastal and marine areas.
Typically, ERT acts as the EPA SSC during inland events,
however NOAA SSCs can provide expertise in chemistry, plume
trajectory modeling, natural resources at risk and data
management.
3. Agency for Toxic Substances and Disease Registry (ATSDR): As part of the
Public Health Service (PHS), ATSDR provides emergency
response assistance, gives health consultations in public
health emergencies, provides technical assistance and
estimates health risks to humans from exposure to hazardous
substances. Specific roles during an emergency include:
J- 2
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a. Health Assessments: evaluate data and information on
the release of hazardous substances into the
environment in order to: assess current or future
impact on public health, develop health advisories or
other health recommendations, and identify studies or
actions needed to evaluate and mitigate or prevent
human health effects.
b. Toxicological Profiles: summarize and interpret
available data on the health effects of hazardous
substances and to initiate toxicological and health
effects research, where needed.
c. Emergency Response: provide health-related support in
public health emergencies, including public health
advisories, involving exposure to hazardous substances.
4. USCG Strike Teams: USCG Strike Teams can provide technical
support in communications, oil and hazardous substances
removals, shipboard damage control, and are equipped with
specialized containment and removal equipment. The Strike
Teams also have rapid transportation capabilities.
5. Technical Assistance Team (TAT): As a contractor to the USEPA, the
TAT provides personnel, materials and equipment to augment
response activities. In a spill situation, TAT personnel
are under the direction of and provide support to the
Incident OSC, however they can serve as member on the SST.
Specific science and technical related activities include,
but are not limited to:
a. collecting samples;
b. providing analysis of samples at a USEPA contract lab
or a non-contract lab, if necessary;
c. providing data to identify the existence and extent of
a release, the source and nature of the release and the
extent of danger to the public;
d. identifying personal safety requirements;
e. monitoring cleanup personnel;
f. evaluating disposal options;
g. assisting in the assessment of the feasibility and
effectiveness of containment, on-site treatment and
removal options; and,
h. performing surveillance activities.
6. Emergency Response Contracting Service (ERCS): ???? provide equipment,
personnel, etc. serve in a support role rather than a
advisory role although they can provide input to assist the
IOSC in making a decisions.
7. USEPA Emergency Services Division: sampling???
J- 3
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SECONDARY AGENCY RESOURCES:
1. USEPA Office of Research and Development (ORD):
2. USCG National Strike Force Coordination Center (NSFCC): The USCG NSFCC,
located in Elizabeth City, North Carolina, is the
coordination center for the three USCG Strikes Teams
(Atlantic, Gulf and Pacific). An OSC may call on the NSFCC
for the following support during a spill response:
a. Technical assistance, equipment and other resources;
b. Coordination assistance for use of private and public
resources; and,
c. Assistance in locating spill response resources, both
nationally and internationally.
3. Radiological Assistance Teams (RATs): RATs 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. RATs can provide on-site support including
mobile monitoring laboratories.
4. USCG Public Information Team (PIAT): The Coast Guard PIAT is
available to assist OSCs to meet public information and
participation demands.
5. US Geological Survey (USGS): Although the USGS typically provides
assistance with long-term remedial Superfund sites, they can
provide information on surface- and groundwater resources
and hydrogeological data around the area of a spill. Other,
more specific services provided by the USGS include: well
drilling, borehole geophysics, surface geophysics, data
review and search, monitoring, and data on average flow for
streams and rivers.
J- 4
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APPENDIX J-l.
OTHER RESOURCES
CURRENTLY BEING DEVELOPED.
Appendix J-1-1
-------
APPENDIX J-2.
COMPUTER RESOURCES
This appendix is intended to serve as a reference for chemical
and response information available through several commonly used
computer on-line systems. Each system is briefly discussed in
order to give readers a very general idea of the type of
information available. Instructions for logging into each system
are contained in the USEPA Region IV ERRB's Field Operations Blue
Book.
ATTIC - Alternative Treatment Technology Information Center: a comprehensive
information network providing up-to-date information on
innovative treatment technologies including biological and
chemical treatment, solidification and stabilization, physical
and thermal treatment. Available through the ATTIC System
Operator or an easy to use on-line computer system.
CAMEO - Computer-Aided Management of Emergency Operations: designed to
help emergency responders plan for, and safely handle, chemical
incidents. Contains nomenclature and response information on
more than 4,000 commonly transported hazardous chemicals. Also
contains an air dispersion model to assist in evaluating release
scenarios and evaluation options. Can also be used for:
response information, mapping capability, information on fire and
explosion hazards, first aid, health effects, fire fighting,
spill cleanup procedures and air dispersion monitoring for 700
airborne chemicals.
ERTBB - Environmental Response Team Bulletin Board: method of
communication between OSCs and ERT. The bulletin board contains
several areas of specific information such under various
conference titles. These conferences contain information OSCs
can retrieve such as copies of ERT Standard Operating Procedures
and various other software packages. Accessed via modem.
HMEX - Hazardous Materials Information Exchange:
OHMTADS - Oil and Hazardous Material Technology Assistance Data Systems:
includes chemical identification information, such as chemical
name, manufacturer's name for the chemical, Chemical Abstract
Service (CAS) number and physical properties. Data pertinent to
response efforts includes: toxicity information for humans,
flora and fauna; flash point reactions with other substances;
protective equipment necessary for cleanup operations;
transportation information; disposal information; and, methods of
evacuation.
Appendix J-2-1
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VIS ITT - Vendor Information System for Innovative Treatment Technologies:
provides environmental professionals with rapid access to up-to-
date information on 155 innovative technologies and the companies
which offer them. VISITT entries display the vendor name,
address, phone number, technology descriptions, highlights and
limitations, and the contaminants and waste/media treated. Many
of the vendors also provide a summary of performance data,
project names and contacts, unit price information, and
literature references. VISITT is available on disk.
Appendix J-2-2
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ANNEXK
DISPOSAL
PURPOSE: In the early phase of a response all efforts are
usually focused on stepping the release and preventing its
further spread. As these activities are being completed, efforts
suddenly shift towards the removal of the spilled material from
the environment. Often times this raises a new set of problems.
Before a major removal of the material can begin the following
questions have to be answered. How to get the material out?
Where to store it? Where to send it? How to transport it?
State and local officials should be contacted during the early
phases of the response to determine the location and availability
of additional disposal facilities or disposal options. It is the
responsibility of the Incident OSC for determining the best
disposal options for the various waste streams. Provided in this
Annex is a listing of the options available at the time of plan
development and the Incident OSC should verify the compliance
status of a facility prior to shipping waste for disposal.
Additional disposal facilities and options may have become
available since the drafting of the ACP and these should be
investigated.
SCOPE: The scope of the information provided in Annex K is
limited to the emergency phases of a response. It is intended to
provide the Incident OSC with sufficient resource material to
select options for the transport, storage, and disposal of
spilled material as it is being removed from the effected
waterway. It does not cover methods for treatment and disposal
of low-level contaminated wastes, nor does it cover long-term
mitigative measures. In-situ methods, such as inplace burning or
bio-remediation, are also not covered in this Annex. For
specific response and containment measures leading up to
disposal, see Annex D, Response Strategies.
RESPONSIBILITIES: The following is a listing of the
responsibilities of the Incident OSC and other possible
participants in a response action. For low volume spill, the
Incident OSC's duties may overlap into the other areas listed
below.
INCIDENT OSC: It is the responsibility of the Incident OSC for
determining the best disposal options for the various waste
streams. In this decision, the Incident OSC shall consider the
following factors; environmental tradeoffs, applicability and
effectiveness of the technology, costs, the results of
K-l
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consultation with State RRT representatives, and any other
relevant information concerning the disposal of the waste
material. The Incident OSC must approval all disposal actions
and insure that the method chosen provides the best possible
disposal solution of the waste stream. In addition, the Incident
OSC will insure that the facility chosen is in current compliance
nor has other issues which would interfere with proper disposal
of the waste stream. The Incident OSC is responsible for signing
all hazardous waste manifests and insuring that all material is
transported in a safe and appropriate manner.
The Incident OSC shall contact members of the RRT and other
agencies, such as the NRT, RICT, and Scientific Support
personnel, to determine if there are new and more appropriate
methods for treating the spilled material.
CLEANUP TEAM OSC: This responsibility can be covered by the
Incident OSC on smaller spills or a qualified person can be
appointed by the Incident OSC. It is the responsibility of this
OSC, as leader of the cleanup teams, to monitor cleanup efforts
on the scene and to ensure that the chosen recovery and disposal
methods are being properly implemented. This individual shall
monitor the pumping or skimming of oil off the water's surface to
ensure that the water to oil ratio is kept at a minimum. Excess
water in the oil will complicate disposal and can increase
disposal cost and the decrease chances for the oil being
recovered for later use.
ADVANCE TEAM LEADER: This responsibility can be covered by
the Incident OSC on smaller spills or a qualified person can be
appointed by the Incident OSC. It is the responsibility of the
Advance Team leader to estimate the logistical demands of
implementing the chosen disposal methods and notifying the
Incident OSC of any obstructions or problems with this
implementation. The Advance Team leader should identify
potential staging areas for recovery equipment.
PROCEDURES: The following sections outlines the process
which the Incident OSC should undertake to evaluate the proper
disposal method for a spill.
WASTE STREAM IDENTIFICATION
The first disposal step which shall be undertaken by the Incident
OSC is to identify the types of waste streams created by the
particular release. The Incident OSC shall review the particular
K-2
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circumstances of the response and identify the waste streams
needing to be addressed. The following waste streams may expect
to be generated during an oil spill removal:
WASTE STREAM
Free Product
Contaminated Soil
Contaminated Debris
Contaminated Water
Contaminated Clothing/PPE
DISPOSAL OPTIONS
TEMPORARY STORAGE;
One of the OSC's major goals will be the removal of the spill
material and associated waste streams from the environment. On
many responses, it may be necessary to arrange for the temporary
storage of recovered material while waiting for waste profiling
and the selection of a disposal facility. On a large spill, the
amount of waste generated may exceed the capacity of available
treatment and disposal facilities and waste streams may require
temporary storage prior to disposal. The options available for
temporary storage vary according to the size of the incident and
the volume of waste recovered.
MINOR SPILLS (< 1,000 gallons)
1. Free product and contaminated water may be contained in
tankers, portable pools or portable tanks.
2. Contaminated soil, debris, and clothing may be contained
in drums or roll-off containers.
K-3
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MAJOR SPILLS (> 10,000 gallons)
1. Free product may be contained in excavated, lined pits.
2. Contaminated soil and debris may be contained in lined
and covered waste piles.
3. Contaminated water may be contained in portable pools.
4. Contaminated clothing may be contained in roll-off
containers.
ULTIMATE TREATMENT AND DISPOSAL:
There are numerous options available to the Incident OSC for the
treatment and disposal of the various waste streams collected
from a spill response. These options vary according to the type
of oil, the location of the spill, regulatory concerns, and
proximity of treatment technologies to the incident.
TREATMENT OPTIONS
REREFINING/BLENDING:
If oil refineries, fuel blenders, or waste oil refineries are
located near the incident, this may be a viable option.
Factors influencing the acceptance of the product include
water content, BTU value, debris content, the presence of any
hazardous substances. This option may prove to be highly
cost-effective, as some facilities may give a credit for the
oil received or accept the oil for no charge for disposal.
OPEN BURNING;
Open burning may be a viable disposal option in remote
locations under proper weather conditions. This treatment
method is most applicable to contaminated debris or as a
defensive measure for free product in the environment (see
Annex d).
K-4
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INCINERATION/CONTROLLED BURNING:
Incineration is a viable option when facilities are located
nearby. A number of facilities or mobile units are available.
However, this is one of the costliest and most controversial
of the disposal options.
Types of Incinerators:
a.
Municipal Incinerators or waste-to-energy
burners
b.
Mobile incinerators or soil burners
c.
Asphalt burners or cement kilns
d.
Commercial hazardous waste incinerators
SOIL WASHING:
Soil washing has not been proven on a large-scale operation in
response to an oil spill. Detergents, acids or organic
solvents may be used as a soil washing medium.
BIOREMEDIATION:
Bioremediation has been demonstrated as effective in treating
soil contaminated by oil through enhancement of indigenous
microbial populations by the addition of oxygen and nutrients.
The OSC should be aware that bioremediation is a relatively
long-term process that will likely require a great deal of
contractor maintenance and periodic analysis.
LANDFARMING:
Contaminated soil may be spread in a thin layer to allow for
volatilization, photodegradation, and biological degradation.
Landfarming should be used in remote, open areas where
groundwater contamination is not a concern.
LANDFILLING:
Landfilling is an option of last resort and is feasible only
for marginally contaminated materials.
K-5
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WASTEWATER TREATMENT:
Contaminated water will come from a variety of sources during
a cleanup operation. The following treatment options are
available to the OSC.
Options
for wastewater:
a.
Decanting
b.
Physical or chemical separation
c.
Treatment at municipal or industrial wastewater
treatment facility
ADDITIONAL CONSIDERATIONS
TRANSPORTATION:
Where applicable, transportation of wastes resulting from
spills will comply with 40 CFR 263 and 49 CFR 171 through 179.
PERMITS AND APPROVALS;
Any concurrences needed to implement any of the disposal
options discussed above or any other technology not detailed
will be coordinated through the state representative to the
RRT. Members of the Regional Incident Coordination Team
(RICT) are also available to advise the OSC on any regulations
in their program area and to work with their state
counterparts to resolve any emergency treatment or disposal
issues. All the fore mentioned disposal or treatment methods
may require some form of approval or concurrence prior to
implementation.
K-6
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ANNEX L
POTENTIAL SPELL SOURCES
THIS ANNEX IS CURRENTLY BEING DEVELOPED.
L-l
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ANNEX M
MEMORANDUMS OF UNDERSTANDING FOR
GEOGRAPHIC BOUNDARIES
PURPOSE and SCOPE: This Annex contains the existing and
proposed geographical boundary Memorandums of Understanding
(MOUs) between the U.S. EPA Region IV, the U.S. Coast Guard
(USCG) districts, and adjacent U.S. EPA regions.
The listing below outlines the MOUs, attached as appendicies,
between the EPA Region IV, the USCG, and other EPA Regions. The
status of these MOUs are also given
APPENDIX
PARTICIPATING AGENCIES
STATUS
M-l
Boundary Map for USCG Districts
CURRENT
M-2
MOU, USCG Second District & U.S. EPA
Region IV
CURRENT
M-3
MOU, USCG Fifth District & U.S. EPA
Region IV
CURRENT
M-4
MOU, USCG Seventh District & U.S. EPA
Region IV
CURRENT
M-5
MOU, USCG Eighth District & U.S. EPA
Region IV
DRAFT
M-6
Boundary Map for EPA Regions
CURRENT
M-7
MOU, U.S. EPA Region III & U.S. EPA
Region IV
DRAFT
M-8
MOU, U.S. EPA Region V & U.S. EPA
Region IV
DRAFT
M-9
MOU, U.S. EPA Region VI & U.S. EPA
Region IV
DRAFT
M-10
MOU, U.S. EPA Region VII & U.S. EPA
Region IV
DRAFT
Status as of 21 December 1993
M-l
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APPENDIX M-l
BOUNDARY MAP FOR U.S. COAST GUARD DISTRICTS
UNDER DEVELOPMENT
M-l-1
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APPENDIX M-2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U. S. ENVIRONMENTAL PROTECTION AGENCY
REGION IV, ATLANTA, GEORGIA
AND
THE U. S. COAST GUARD
SECOND COAST GUARD DISTRICT, SAINT LOUIS, MISSOURI
CONCERNING
FEDERAL ON-SCENE COORDINATOR RESPONSIBILITIES IN THE INLAND ZONE
WITHIN THE SECOND COAST GUARD DISTRICT
PURPOSE: The purpose of this document is to delineate the role and responsibilities of U. S. Coast Guard (USCG) personnel relative to
pollution response activities on the Inland River System. Specifically, this document:
1. Eliminates previously designated "specified ports and harbors" on die Inland Rivers within the Second Coast Guard District, thereby
redesignating the entirety of the Second Coast Guard District as Inland Zone wherein the U. S. Environmental Protection Agency (USEPA) is
the predesignated Federal On-Scene Coordinator (OSC) agency.
2. Confirms die Second Coast Guard District's commitment to meeting die spirit as well as the letter of the National Contingency Plan (NCP)
and assisting the USEPA p redesigns ted Federal OSC to die fullest extent possible in all pollution response activities.
3. Identifies operational criteria under which the USCG will assist the USEPA with its OSC responsibilities by acting as the lead agency and
providing personnel to fill the OSC role for actual or threatened pollution incidents involving commercial vessels or marine transportation-related
facilities.
BACKGROUND: Under a previous agreement, the USEPA Region IV, and the Second Coast Guard District had identified certain geographic
areas on the Inland River System for which the USCG would, under certain circumstances, provide a 'predesignated" Federal OSC. In general,
in the specified port and harbor areas, the USCG Captain of die Port (COTP) was p redesigns ted as the OSC for oil and hazardous substance
discharges resulting from vessel casualties or vessel-related transfer operations. The USEPA retained the OSC responsibilities for all other
pollution incidents within the specified ports and harbors and for all incidents outside those limited geographic areas. The Oil Pollution Act of
1990 amended the Federal Water Pollution Control Act and imposed new pollution response preparedness and removal requirements on industry
and government, including the predesignated Federal OSC. The requirements of the Oil Pollution Act prompted a complete review of agency
responsibilities pursuant to die Act itself and the NCP. That review indicated that the division of agency OSC responsibilities along a
combination of geographic and functional lines did not provide the best mechanism for planning and coordination of current National Response
System activities.
This document redefines agency responsibilities along wholly functional lines that are consistent with traditional agency authorities. It also
provides for effective integration of preparedness and removal activities in a manner consistent with the requirements of the NCP.
AGREEMENT:
The entirety of the Second Coast Guard District, including the Inland River System within die Second District, is included in die definition of
Inland Zone wherein the USEPA is the predesignated Federal OSC agency. The previous agreement designating specified ports and harbors
as portions of the Coastal Zone is cancelled.
The USCG, through the cognizant COTP, will assist the predesignated USEPA OSC to die fullest extent possible consistent with agency
responsibilities and authorities. Specifically, for all pollution incidents where there is an actual discharge or release, or a substantial threat of
such a discharge or release, of a pollutant into or on the navigable waters of die United States or die adjacent riverbank, the USCG will respond
as follows:
1. If die incident involves a commercial vessel, a vessel transfer operation, or a marine transportation related facility, die USCG COTP will
provide the OSC and carry out all of the OSC responsibilities, including the decision to direct any necessary removal activity or access the Oil
Spill Liability Trust Fund. In such cases, the predesignated USEPA OSC will be advised of any response actions that the COTP takes via initial
telephone notification and periodic pollution reports.
2. If die incident involves a source or threat other than a commercial vessel, vessel transfer operation, or marine transportation-related facility,
or if die incident involves an unknown source of pollution:
a. The USCG COTP will carry out die USCG's agency responsibilities under die NCP, die Regional Contingency Plan (RCP), and,
when developed the Area Contingency Plans, and will assist die USEPA OSC to the fullest extent possible.
M-2-1
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b. Upon request by the p redesigns ted USEPA OSC, the USCQ COTP will act on behalf of the USEPA in any action* where the
USCO personnel are both qualified and physically capable of responding. The type and extent of the USCO's actions in each case will be
determined by consultation between the USEPA OSC and the USCG COTP.
c. If specifically requested by the p redesigns ted USEPA OSC, the USCG COTP may assume the functional OSC role and cany out
all of the OSC responsibilities for a particular incident. The final decision on acceptance of the functional OSC role will rest with the COTP
on an incident-specific basis.
d. If the USCG is the first agency notified of such an incident, the USCG will notify the pre. gnated USEPA OSC and assist in
assessing the situation and the need for a Federal response.
e. If a USCG representative is the first Federal official arriving on-sceoeat such an incident, the USCG will notify the p redesigns ted
USEPA OSC and carry out the duties detailed in the NCP pending arrival of the predesignated OSC.
3. This agreement will be incorporated into the agency responsibilities section of the RCP.
TERM OF AGREEMENT: This agreement will be subject to review and amendment coincident with each periodic review of the RCP and at
any other time at the request of either of the parties. It will remain in effect until modified or terminated by subsequent agreement.
Mr. Patrick M. Tobin
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region IV
345 Courtland Street N. E.
Atlanta, GA 30365
N. T. Saunders
Rear Admiral, USCG
Commander
Second Coast Guard District
1222 Spruce Street
St. Louis, MO 63103-2832
/s/ Patrick M Tobin Is/ N T Saunders
Date: /s/ April 8. 1993 Date: March 30, 1993
M-2-2
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APPENDIX M-3
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FIFTH COAST GUARD DISTRICT
AND
THE ENVIRONMENTAL PROTECTION AGENCY, REGION IV
Tbe purpose of tfais tseooraxhsn it to delineate the geographical mu of reaponsibflity for tbe predesigned On-Scene Coordinator (OSC) for pollution rrrTr* |wrrwl to tbe
Nrionl Ofl and Haardous Pottabon Cci
-------
APPENDIX M-4
MEMORANDUM OF UNDERSTANDING
BETWEEN
U. S. ENVIRONMENTAL PROTECTION AGENCY - REGION IV
AND
U. S. COAST GUARD - SEVENTH DISTRICT
The of tfaas memorandum is to dcfcaeatr rhangc* m the gengi ajdiical boimdaries eatabbsbing responsibility for the predcsigmtioo of On-Scene Coordinators (OSC'i) for
pothtion response pursuaxt to the National Oil and Hazardous Cating eacy Pkn.
Regioml Catmgcocy Plans of the sigxatocy agencies wiD be to reflect the following geographical boundaries. AD spills originating from designated highways wtD be
the responsibility of EPA - Region IV. The proposed bormdary line* do not preclude mitual assistance between the two agencies.
Charleston. Soith Can*"*
The Commanding Officer. Marine Safety Office. Charleston. SC. wtD be the |n ulnigialnl OSC m the following area* within Federal Region IV. When a roadway is wed to
dehnratc a boundary. thai boundary shall be to, but shall not acfadc. the roadway.
Coastal areas on the eastern coast of Soith Carotins from the North Carolina - Sotfb Carotins state booadary sotthward to the southern tip of Bay Pout, Edisto Island (near Edisto
Beach), Sotfh Carotins:
From the North Carotina - Sodh Carotins State boundary northwesterly along the boundary to US 17; thence sotfhwesteriy along US 17 to the eastern bank of the Edisto Stiver,
tbeace southerly along the eastern bank to the MSO Charleston - MSO Savannah boundary A 32*41 'N latitndr.
Included within this zone are Charleston Harbor areas, including vrterfrod facilities: specifically. Ashley River from the Memorial Bridge (SC 7) seaward; Waado River from
State Hwy 41 (SC 41) Bridge seaward; and the Cooper River from General Dynamics Private Aids 339 and 340 seaward.
Also included are all portions of the btraooastal W^erway not within the above defined area, and the Sampit River/Winyah Bay (near Georgetown) area, irctuding waterfrort
facilities, from one mile west of US 17 Sampit River Bridge seaward.
Savannah. Georgia
Tbe Commanding Officer, Marine Safety Office, Savannah. Georgia, wtD be the predesigned OSC m the following areas within Federal Region IV. When a roadway is used
to «- a boundary, that boundary shall be to, but shall not include, the roadway. Coastal areas from the southern tip of Bay Poixt. Edisto Island (near Edisto Beach), Sottfa
Carolina, south to 30*50'N latitude on the cast coast of Georgia:
From the southern tip of Bay Pool, Edisto Island, Sotfh Carotins, northerly along the eastern bank of the Edisto River to 3741 *N latitude; thraor southwesterly in a straight line
to the pod* where US 278 jtmctioas with 1-95 near Ridgebnd, SC; thence easterly along US 278 to SC 462 (at Old House); tbeace southerly (on US 278) to SC 46; thence westerly
to SC 170; thence southwesterly to US 17 (at Lhaehouse); tbeace southerly to Georgia Sttte Hwy 26 (Bay Street and Presided Street, Savannah); tbeace easterly to Peaasytvaaa
A venae; tbeace southerly to Skidaway Road; tbeace southerly to State Hwy 21 (de Rene Avenue); tbeace westerly to State Hwy 204 (Abercorn Street); tbeace soKbwesterly to
US 17; thence soitberiy to 1-95 at ntercbange 14 (near Richmond HUli, Georgia); tbeace southerly to US 17 aft aterchange 12 (osar Sottfa Newport, Georgia); thence southerly
to US 341; thence northerly to 1-95; tbeace southerly along 1-95 to the nteoectioa of MSO Savamah-MSO Jacksonville boundary at 3(f50'N brtifndc on the cast coast of Georgia.
Jacksonville. Florida
The Commanding Officer, Marine Safety Office, JadoooviQe, Florida, wiD be the predesignated On-Soeae CoorxHoator in the following areas within FoderaJ Region IV. When
a roadway is used to dehneatr a booadary, ths* boundary shall be to, but shall not include, the roadway.
Coastal areas from 30*50'N brtifnHr on the cast ooast of Georgia southward to 28*N on the cast coast of Florida. Latitude 30*50'N on the east coast of Georgia due west
to 1-95; tbeace sottbedy to US 17 btercbmge. Bedoer, Florida; thence southerly along US 17 to Trod River Drive, Jacksonville (Panama Park), Florida; tbeace sortjwwatcrly
to State Hwy 115 (FL 115); thence tasttriy along FL 115 to BofUo Aresne; tbeace sotfhedy over tbe Mm Mtbew ToQ Bridge to Umvenity Btvd; thence northerly to Ft
Caroline Road; thence easterly to FL 101A; tbeace southerly to tbe ntcrsrytion with tbe SL Johns Cocaty hne; U.S. EPA - Regioa IV and U.S.C.G. • Sevetffc District tbeace soKh
and west along the SL Johns Comty line to US 1; tbeace sortberly to 1*95, Marineland ntercbange; tbeace southerly to US 1, Ormaad By Tbe Sea ntercbange; tbeace southerly
to the otenection of MSO JadaooviBe-MSO Miami at 28°N (near MaHbar).
Also included is the SL Joins River, including waterfroct fecittbes. inland to tbe FL 17 Bridge, Matte, Florida.
Miami. Florida
The Ojuwiairiiug Officer, Marine Safrty Office, Miami, Florida, wiD be the predestgntfed OSC m tbe fbQowing areas within Federal Region IV. When a roadway is used to
dflinrsftr a boundary, that boundary shall be to. bit stall not include, the roadway.
Coastal areas from htknrtr 28*N on the east ooast of Florida southward to tbe southern tip of Gape Romano, Florida, oa tbe west coast of Florida, and tbe Florida Keys to and
hrlurting Dry Tortagas:
ItNf 2S*N oa tbe cast coast of Florida (near MaHbar) due west to US 1; tbeace southerly to Sotth Bayshore Drive, Miami including the Sotfh Prong Creek seaward
to Tower. Florida, the SL Lucie River to Port SL Lucie oa tbe north and Mm Qty oa tbe soith, tbe Loxahatchee River to the Martin and Mm Beach Comty lines, the Miami
River to tbe N.W. 36th Street Bridge, Miami;
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theacc southwesterly along South Bayshore Drive, Miami to Citkr Road via McFariand Road Man Highway, lagrmham Highway and Le Jetme Road; thence soiabwcsterty along
Cider Road to Florida'* Turnpike; thence southerly to S.W. 107th Avenue, Miami (Sotfh ABapattah); thence due sorfh along and beyood. S.W. 107th Avenue to letode 2^16'N
longitude 80*22'W; thence weateriy to Istioidc 25*13*N, longitude KWW; thence northwesterly to the ntervectioa of US 41 to the atenectioo of MSO Miami-MSO Tampa
boundary tf 81*33*W longitude.
Abo mchried wffl be response to discluuges or rrlrain from commercial tugs and/or barges m the Iztracoastal Waterway (Sl Lucie Qnal, Lake Ofaaochoboe and Okeechobee
W*erw«y) from Stuart, Honda to 81* 30*W longitude (oear FL Hwy 29 Bridge, La BeBe, Florida) aod to waterfroi* facilities along the SoUh Prong Sebastian Creek, the Sl Lucie
River, the Lonhalcbce River and the Miami River to pools described above.
U.S. EPA • Region IV and U.S.C.G. - District
Tampa. Florida
The Commanding Officer. Marine Safety Office, Tampa, Florida will be the predeaignated OSC m the following ana* within Federal Rcgkm IV. When a roadway it used to
dciinrtr. a boundary, that boundary shall be to. bit shall not inrfadr the roadway.
Coastal anas from the Mdnn tip of Cape Romano. Florida, northerly to the gtersoctioo of the wea coast of Florida with M'JO'V (moith of the FeuboGowuy River):
From the btmocboo of the west coast of Florida with longitude JTWW (motth of the Fenhofloway River) due north to US 98 futersectioo of MSO Tampa-MSO Mobile
boendary); theaoe easterly to US 19 and Alternate 27; thence southerly to FL 361; southerly to FL 358; thence w««terly to US 19 and Alternate 27; thence sotfheriy to US
19 and 98; thenoe soctherly along US 19 to Alternate US 19; thence southerly to FL 697; thenoe southerly to FL 595; thence northerly to FL 688; thence easterly to FL695; thence
southerly to FL 690; thence easterly to 22ad Avenue South, SL Petersburg; thence easterly to 4th Street South. SL Petersburg; thence northerly to FL 687; thence northerly to FL
686; thenoe westerly to US 19; thenoe northerly to FL 590; thenoe easterly to FL 580; thence easterly to FL 576; thencr. easterly to FL 589; thenoe southerly to 1*275; thence
northerly to FL 587; thenoe southerly to FL 685; thence northerly to the Crosstown Expressway. Tampa; thence northeasterly to US 41; thenoe southerly to US 301; thence northerly
to FL 675; thence southerly to FL64; thence U.S. EPA - Region IV and U.S.C.G. - Sevettfh District westerly to US 41; thence southerly to FL 78; thence easterly to FL31; thence
sotfherfy to FL 80; thence westerly to US 41; thence southerly to FL 78; thence easterly to FL 31; thenoe southerly to FL 80; thence westerly to US 41; thenoe southerly along
US 41 to the Btersection of MSO Tampa-MSO Miami boundary at 81*33rW longitude.
Also included will be response to discharges or releases from commercial tugs and/or barges m the Inracoastal Waterway (Otochobee Waterway) from 81*30*W longitude (near
FL State Hwy 29 Bridge. La BeSe, Florida) westerly to the Gulf of Mexico.
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APPENDIX M-5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U. S. ENVIRONMENTAL PROTECTION AGENCY, REGION IV
AND
THE U. S. COAST GUARD, EIGHTH DISTRICT
The purpose of this memorandum is to establish the geographical areas of responsibility for the predesignated On-Scene Coordinator (OSC) for
pollution responses to oil and hazardous substance discharges pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP) and the Oil Pollution Act of 1990.
The Regional Contingency Plan (RCP) and Area Contingency Plan (ACP) of the signatory agencies will be amended to reflect the following
geographical boundary.
1. The Coastal Zone boundary begins at the intersection of the southern limit of the Right-of-Way on US Highway 98 (US-98) with the Captain
of the Port (COTP) Mobile - COTP Tampa boundary (83°50' West Longitude). The intersection is twelve (12) miles west of Hampton Springs,
FL on US-98. Then, westerly on US-98 to St. Marks, FL, then southwesterly along US-98 to the junction of the John Gorrie Memorial Bridge
and the north shore of the Gulf Intracoastal Waterway (GICW) at Apalachicola, FL, including Ochlockonee Bay, East Bay, navigable portions
of East and West Bayou, Blounts Bay, Shoal Bayou, and Alligator Bayou.
Then, continuing from the junction of the southern limit of the Right-of-Way at the John Gorrie Memorial Bridge and the north shore of the
GICW to its intersection with Alabama State Highway 59 (AL-59). Responsibilities include: East Bay, St. Andrews Bay, west Bay,
Choctawhatchee Bay, Santa Rosa Sound, East Bay (Blackwater Bay), Escambia Bay, Pensacola Bay, Perdido Bay, and Wolf Bay.
Then, north on AL-59 to its intersection with Interstate Highway 65 (1-65). Then, west and southwesterly along 1-65 to its intersection with
US Highway 90 (US-90) near Theodore, AL.
Then, westerly along US-90 to midstream of the Pearl River, the boundary with the COTP New Orleans.
U. S. Coast Guard (USCG). Eighth District:
COTP Mobile is the predesignated OSC for pollution responses in the Coastal Zone. All discharges or releases, or a substantial threat of such
a discharge or release of oil or hazardous substances originating south of the boundary line
will be the responsibility of the USCG. Included are discharges or releases from unknown sources or those classified as 'mystery spills".
Additionally, all discharges or releases originating from waterfront facilities within the city limits of Panama City, Fort Walton Beach, and
Pensacola, Florida; Mobile, Alabama; and Pascagoula, Biloxi, and Gulfport, Mississippi are the responsibility of the COTP Mobile as the OSC.
U. S. Environmental Protection Agency (EPA). Region TV.
EPA Region IV is the predesignated OSC for pollution responses in the Inland Zone. All discharges or releases, or a substantial threat of such
a discharge or release of a oil or hazardous substances originating north of the boundary tine will be the responsibility of the EPA. Included
are discharges or releases from unknown sources or those classified as "mystery spills".
2. General.
a. The EPA and USCG will accomplish their agency responsibilities under the NCP, RCP, and, when developed, the ACP. Each will assist
the designated OSC to the fullest extent possible.
b. When requested by the designated OSC, the USCG or EPA will act on behalf of the other agency in any actions where personnel are both
qualified and physically capable of responding. The type and extent of the actions in each case will be determined by consultation between the
two agencies.
c. If specifically requested by the designated OSC, the USCG or EPA may assume the functional OSC role and carry out all OSC responsibilities
for a particular incident. The final decision on acceptance of the OSC role will rest with the requested agency on an incident-specific basis.
d. The first agency notified of such an incident, will notify the designated OSC and assist in assessing the situation and determining the need
for a Federal response.
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e. If a representative other than the designated OSC it the first Federal official arriving on scene at an incident, the representative will notify
the designated OSC and carry out the duties detailed in the NCP pending arrival of the designated OSC.
3. Boundary lines and limits of responsibilities do not preclude assistance between the two agencies.
4. This agreement will be subject to review and amendment coincident with each periodic review of the regional, area, and COTP plans and
any other time at the request of either of the parties. It will remain in effect until modified or terminated by mutual agreement.
Date:
Patrick M. Tobin
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region IV
Atlanta, Georgia
Date:
James C. Card
Rear Admiral, U. S. Coast Guard
Commander
Eighth Coast Guard District
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APPENDIX M-6
BOUNDARY MAP FOR EPA REGIONS
UNDER DEVELOPMENT
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APPENDIX M-7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION IV
AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION ID
The purpose of this memorandum is to esublish the geographical areas and limits of responsibility for the predesign*ted On-Scene Coordinator
(OSC) for pollution responses. Responses will be made to incidents involving oil and hazardous substances pursuant to the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) and the Oil Pollution Act of 1990.
Regional Contingency Plans (RCP) and Area Contingency Plans (ACP) of the signatory agencies will be amended to reflect the following
geographical boundaries.
For the purpose of emergency response, a portion of the regional boundary is changed. The common state boundary of Kentucky, North
Carolina, Tennessee, and Virginia remain unchanged. The state boundary of West Virginia and Kentucky will remain the same except for:
1. The boundary is delineated by the Big Sandy River and milage markers published by the U. S. Army Corps of Engineers. Beginning at the
confluence of the Ohio River and the Big Sandy River, Mile 0 (Zero), hence southerly to Mile 10. From Mile 10 upstream, the normal boundary
remains as the river centerline or as the geographic boundary.
U. S. Environmental Protection Agency (EPA). Region IV:
Beginning at the point of Mile 0 (zero) of the Big Sandy River, hence southerly to Mile 10. This section of the Big Sandy River will be the
responsibility of EPA Region IV, to include all response action necessary and/or required to the water line on the Right Descending Bank (RDB)
of the river. All discharges or releases, or a substantial threat of such a discharge or release of a pollutant originating west of the water line
on the RDB will be the responsibility of EPA Region IV. Included are discharges or releases from unknown sources or those classified as
"mystery spills". Additionally, EPA Region IV has responsibility for:
a. Notification of downstream water users.
b. Coordinating with the Ohio River Valley Water Sanitation Commission (ORSANCO) for other notifications and warnings.
c. Notification of EPA Region V and U.S. Coast Guard (USCG) Second District.
d. Assuring notification of downstream water users of a spill when properly notified of a spill by EPA Region HI.
U. S. Environmental Protection Agency (EPA). Region HI:
Beginning at the point of Mile 0 (Zero) of the Big Sandy River, hence southerly to Mile 10. EPA Region HI has the responsibility of all
discharges or releases, or a substantial threat of such a discharge or release originating east of the water line on the RDB. If a discharge or
release reaches and/or enter the water, EPA Region HI will be responsible for the response effort. Additionally, EPA Region HI has the
responsibility for:
a. Notification of downstream water users.
b. Notification of EPA Region IV of a spill when h has, or there is a threat of a spill crossing the water line on the RDB.
c. Notification of EPA Region V and USCG Second District.
d. Coordinating with ORSANCO for other notifications and warnings.
2. General.
a. If specifically requested by EPA Region IV, EPA Region III may assume the functional OSC role and carry out all OSC
responsibilities for a particular incident. The final decision of acceptance of the functional OSC role will rest with EPA Region III on an incident
specific basis.
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b. If EPA Region ID is the first agency notified of a fpiU west of the water line on the RDB, EPA Region ID will notify EPA Region
IV and assist in assessing the situation and determining the need for a Federal response.
c. If an EPA Region IH representative is the first Federal official arriving on scene at an incident crossing the established boundaries,
the representative will notify EPA Region IV and carry out the duties detailed in the NCP pending arrival of the p redesigns ted OSC.
3. Boundary lines do not preclude mutual assistance between the two agencies.
4. Previous Memorandums of Understanding or agreements are replaced by this document.
S. This agreement will be subject to review and amendment coincident with each periodic review of RCP and ACP and any other time at the
request of either of the parties. It will remain in effect until modified or terminated by mutual agreement.
Dated:
Patrick M. Tobin
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region IV
Atlanta, Georgia
Dated:
Stanley L. Laskowski
Acting Regional Administrator
U.S. Environmental Protection
Agency, Region IH
Philadelphia, Pennsylvania
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APPENDIX M-8
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGION IV
AND
THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGION V
The purpose of this memorandum is to establish the geographical areas and limits of responsibility of the p redesigns ted On-Scene Coordinator
(OSC) for pollution responses. Responses will be made to incidents involving oil and hazardous substances pursuant to the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) and the Oil Pollution Act of 1990.
For the purpose of emergency response, the common regional boundary is the Ohio River, and is described as:
The boundary is delineated by the Ohio River and mileage markers published by the U. S. Army Corps of Engineers. Beginning at Mile 317.2
(confluence of the Ohio and Big Sandy Rivers), hence westerly to Mile 981.2 (confluence of the Ohio, Lower Mississippi, and Upper Mississippi
Rivers).
U. S. Environmental Protection Agency (EPA). Region IV:
EPA Region IV is responsible for discharges or releases, or a substantial threat of discharges or releases of a pollutant from a source originating
from EPA Region IV into the Ohio River. Responsibility begins at the water line on the Right Descending Bank (RDB), extending to the south.
Included are discharges or releases from unknown sources or those classified a "mystery spills'.
U.S. Environmental Protection Agency fEPAI. Region V:
EPA Region V is responsible for discharges or releases, or a substantial threat of discharges or releases of a pollutant from a source originating
from EPA Region V into the Ohio River. Responsibility begins at the water line on the RDB, extending to the north. If a discharge or release
enters the water, EPA Region V will be responsible for the response effort.
General:
a. Both regions have additional responsibilities when performing duties as the OSC. Included are:
1) Notification of:
a) Downstream water users.
b) Ohio River Valley Water Salutation Commission.
c) U. S. Coast Guard Second District.
d) U. S. Army Corps of Engineers.
2) Notification of each other when a response event has occurred or is anticipated.
b. Either Region, when requested by the other, may assume the functional OSC role for a particular incident. The decision to accept will rest
with the Region being requested, on an incident specific basis.
c. When a Region is notified of a discharge or release, or a substantial threat of a discharge or release of a pollutant not in its area of
responsibility, the Region will notify the responsible Region. The reporting Region should assist in assessing the situation and to determine the
need for a Federal response.
d. When a representative of either Region is the first Federal official arriving on-scene of a discharge or release not in the area of response
responsibility, the representative will notify the responsible Region. The representative will accomplish duties detailed in the NCP pending
arrival of the predesign*ted OSC.
e. Boundary lines do not preclude mutual assistance between the two agencies.
f. Previous Memorandums of Understanding or agreements are replaced by this document. Regional and Area Contingency Plans of the
signatory agencies will be amended to reflect the response boundary.
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g. This agreement is subject to review and amendment at any time, by request of either party. It will remain in effect until modified or
terminated by mutual agreement.
Date:
PATRICK M. TOBIN
Acting Regional Administrator
U. S. Environmental Protection
Agency
Atlanta, Georgia
Date:
VALDAS V. ADAMKUS
Regional Administrator
U.S.Environmental Protection
Agency
Chicago, Illinois
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APPENDIX M-9
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGION IV
AND
THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGION VI
The purpose of this memorandum is to establish the geographical areas and limits of responsibility of the predesignated On-Scene Coordinator
(OSC) for pollution responses. Responses include oil and hazardous substances pursuant to the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) and the Oil Pollution Act of 1990.
Regional Contingency Plans (RCP) and Area Contingency Plans (ACP) of the signatory agencies will be amended to reflect the following
responses boundaries.
For the purpose of emergency response, portions of the regional boundaries are changed. The common boundaries of Arkansas, Louisiana,
Mississippi, and Tennessee are established as shown in:
Section I. Lower Mississippi River (LMSRV), Mile 828 to Mile 504. Boundary common to the LMSRV, Arkansas, Mississippi, and Tennessee.
Section D. Lower Mississippi River (LMSRV), Mile 504 to Mile 305. Boundary common to the LMSRV, Louisiana, and Mississippi.
Section m. Boundary common to Louisiana, Mississippi, and the Pearl River.
Section IV. Boundary common to Louisiana, Mississippi, and the Pearl River.
Section I. The boundary is delineated by the LMSRV and mileage markers published by the U. S. Army Corps of Engineers (USACE).
Beginning at the point of Mile 828 (intersection of the regional boundary between Environmental Protection Agency (EPA) Regions VI and VII
on the LMSRV), hence southerly to Mile 504 (intersection of the state boundary between Arkansas and Louisiana on the LMSRV).
U. S. Environmental Protection Agency. Region IV:
This section of the LMSRV will be the responsibility of EPA Region IV, to include all response actions necessary and/or required to the water
line on the Right Descending Bank (RDB) of the river or the levee of the RDB. All discharges or releases, or a substantial threat of such a
discharge or release of a pollutant originating east of the water line or levee of the RDB will be the responsibility of EPA Region IV. Included
are discharges or releases from unknown sources or those classified as "mystery spills". Additionally, EPA Region IV has responsibility for:
a. Notification of downstream water users.
b. Notification of EPA Region VI and U. S. Coast Guard (USCG) Eighth District.
c. Coordinating with the USACE for other notifications and warnings.
U. S. Environmental Protection Agency. Region VI:
EPA Region VI has the responsibility for all discharges or releases, or a substantial threat of such a discharge or release originating west of the
water line or levee on the RDB. If a discharge or release reach and/or enter the water, EPA Region VI will be responsible for the response
effort. Additionally, EPA Region VI has the responsibility for:
a. Notification of downstream water users.
b. Notification of EPA Region IV and the USCG Eighth District.
c. Coordinating with the USACE for other notifications and warnings.
Section D. Continuing southerly on the LMSRV, starting at Mile 504 to Mile 305 (intersection of the state boundary between Louisiana and
Mississippi on the LMSRV).
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U. S. Environmental Protection Agency. Region VI:
This section of the LMSRV will be the responsibility of EPA Region VI, to include all response actions necessary and/or required to the water
line on the Left Descending Bank (LDB) of the river or to the levee of the LDB. All discharges or releases, or a substantial threat of such a
discharge or release of a pollutant originating west of the water line or levee of the LDB will be the responsibility of EPA Region VI. Included
are discharges or releases from unknown sources or
those classified as "mystery spills". Additionally, EPA Region VI has responsibility for:
a. Notification of downstream water users.
b. Notification of EPA Region TV and USCG Eighth District.
c. Coordinating with the USACE for other notifications and warnings.
U. S. Environmental Protection Agency. Region IV:
EPA Region IV has the responsibility for all discharges of releases, or a substantial threat of such a discharge or release originating east of the
water line or levee on the LDB. If a discharge or release reach and/or enter the water, EPA Region IV will be responsible for the response
effort. Additionally, EPA Region IV has the responsibility for:
a. Discharges and releases identified as the responsibility of EPA Region IV in Section I that may enter the Section II area.
b. Notification of downstream water users.
c. Notification of EPA Region VI and USCG Eighth District.
d. Coordinating with the USACE for other notifications and warnings.
Section PI. Continuing from the water line or levee at Mile 30S, LMSRV, hence easterly to the Pearl River. This portion of the Louisiana
and Mississippi boundary is changed only from the intersection of the boundary and center-line of the Pearl River to the intersection of the
boundary and the water line on the RDB of the Pearl River.
Section IV. Continuing from the intersection of the Louisiana and Mississippi boundary and the water line on the RDB of the Pearl River, hence
southerly to the southern limit of the Right-of-Way on U. S. Highway 90.
U. S. Environmental Protection Agency. Region IV:
This section of the Pearl River will be the responsibility of EPA Region IV, to include all response actions necessary and/or required to the water
line on the RDB of the river. All discharges or releases, or substantial threat of such a discharge or release of a pollutant originating east of
the water line on the RDB will be the responsibility of EPA Region IV. Included are discharges or releases from unknown sources or those
classified as "mystery spills". Additional responsibilities are the same as for the LMSRV.
U. S. Environmental Protection Agency. Region VI:
This lection of the Peari River, EPA Region VI has the responsibility for all discharges or releases, or a substantial threat of such a discharge
or release origination west of the water line on the RDB of the Pearl River. If a discharge or release reach and/or enter the water, EPA Region
VI will be responsible for the response effort. Additional responsibilities are the same as for the LMSRV.
General.
a. Either Region, when specifically requested by the other Region, may assume the functional OSC role and cany out all OSC responsibilities
for a particular incident. The decision for acceptance will rest with the Region being requested to perform the OSC role, on an incident specific
basis.
b. When either Region is notified of a discharge or release, or a substantial threat of such a discharge or release of a pollutant not in its area
of responsibility, will notify the responsible Region. The reporting Region will assist in assessing the situation and to determine the need for
a Federal response.
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c. When a representative of either Region is the first Federal official arriving on-scene of a discharge or release crossing the response boundary,
the representative will notify the responsible Region. The representative will accomplish the duties detailed in the NCP pending arrival of the
p redesignated OSC.
2. Boundary lines do not preclude mutual assistance between the two agencies.
3. Previous Memorandums of Understanding or agreements are replaced by this document.
4. This agreement will be subject to review and a mend mem coincident with each periodic review of the RCP and ACP and any other time at
the request of either of the parties. It will remain in effect until modified or terminated by mutual agreement.
Date:
Patrick M. Tobin
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region IV
Atlanta, Georgia
Date:
Joe D. Winkle
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region VI
Dallas, Texas
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APPENDIX M-10
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION IV
AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION Vn
The purpose of this memorandum is to establish the geographical areas and limits of responsibility of the predesignated On-Scene Coordinator
(OSC) for pollution responses. Responses include oil and hazardous substances pursuant to the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) and the Oil Pollution Act of 1990.
The common regional boundary is the center line of the Lower Mississippi River (LMSRV). For the purpose of emergency response, the
boundary is described as:
The boundary is delineated by the LMSRV and mileage markers published by the U. S. Army Corps of Engineers (USACE). Beginning at Mile
953.8 (confluence of the LMSRV, Ohio River, and the Upper Mississippi River), hence southerly to Mile 828 (intersection of the regional
boundary of Environmental Protection Agency (EPA) Regions VI and VII, and the LMSRV).
U. S. Environmental Protection Agency. Region IV:
EPA Region IV is responsible for discharges or releases, or the substantial threat of discharges or releases of a pollutant from a source originating
from EPA Region IV into the LMSRV. Responsibility begins at the water line or levee on the Right Descending Bank (RDB), extending to the
east. Included are discharges or releases from unknown sources or those classified as 'mystery spills".
U. S. Environmental Protection Agency. Region VP:
EPA Region VII is responsible for discharges or releases, or a substantial threat of discharges or releases of a pollutant from a source originating
from EPA Region VII into the LMSRV. Responsibility begins at the water line or levee on the RDB, extending to the west. If a discharge or
release enters the water, EPA Region VII will be responsible for the response effort.
General:
a. Both regions have additional responsibilities when performing duties as the OSC. Included are:
1) Notification of:
a) Downstream water users.
b) U.S. Coast Guard Second District.
c) USACE.
2) Notification of each other when a response event has occurred or is anticipated.
b. Either Region, when requested by the other, may assume the functional OSC role for a particular incident. The decision to accept will rest
with the Region being requested, on an incident specific basis.
c. When a Region is notified of a discharge or release, or a substantial threat of a discharge or release of a pollutant not in its area of
responsibility, it will notify the responsible Region. The reporting Region should assist in assessing the situation and to determine the need for
a Federal response.
d. When a representative of either Region is the first Federal official arriving on-scene of a discharge or release not in the area of response
responsibility, the representative will notify the responsible Region. The representative will accomplish duties detailed in the NCP pending
arrival of the p redesigns ted OSC.
e. Boundary lines do not preclude mutual assistance between the two agencies.
f. Previous Memorandums of Understanding or agreements are replaced by this document. Regional and Area Contingency Plans of the
signatory agencies will be amended to reflect the response boundary.
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g. This agreement is subject to review and amendment at any time, by request of either party,
terminated by mutual agreement.
It will remain in effect until modified or
Date:
PATRICK M. TOBIN
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region IV
Atlanta, Georgia
Date:
WILLIAM W. RICE
Acting Regional Administrator
U. S. Environmental Protection
Agency, Region VII
Kansas City, Kansas
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ANNEXN
INTERAGENCY SUPPORT AGREEMENTS and
MEMORANDUMS OF UNDERSTANDING
PURPOSE and SCOPE: This Annex contains the Interagency
Support Agreements (IAGs) and Memorandums of Understanding (MOU)
existing between the U. S. EPA Region IV and the various federal
and state agencies found through out the Region.
Only the IAGs and MOUs most pertinent to response efforts are
listed in this Annex. As other supporting IAGs and/or MOUs are
developed, these will be incorporated into the Plan through this
Annex.
The IAGs and MOUs contained in this Annex are presented as
follows:
APPENDIX
AGEHCIES
•>•••••• /¦ ; \ s TV-
N-l
USCG-EPA
Mitigating of Damage to the Public Health or
Welfare Caused by a Discharge of Hazardous
Substance.
N-2
USCG-EPA
Mechanism for Funding Vendor Costs Incurred by
the USCG During Emergency Response.
N-3
DOT-EPA
Re-delegation of Certain Pollution Response
Functions Under CERCLA.
N-4
DOT-EPA
Instrument of Re-delegation, Executive Order
#12580.
N-5
USACE-EPA
USACE Support for CERCLA to EPA.
N-6
DOD-EPA
Responsibilities for Executive Order #12316.
N-7
ATSDR-EPA
Policies and Procedures for Health Activities
Related to Hazardous Substances.
N-8
EPA-DOI
Preliminary Natural Resource Surveys.
N-9
EPA-GSA-
USCG
Federal Response Under the National Oil and
Hazardous Substances Pollution Contingency Plan
(NCP). Under Revision as of 12 November 1993.
N-10
EPA-USCG-
FL
Authorization of Limited Use of Dispersants and
Other Chemicals.
N-11
TVA-EPA
TVA support to EPA
N-i
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APPENDIX N-I
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED STATES COAST GUARD
AND
THE ENVIRONMENTAL PROTECTION AGENCY
Mitigating of Damage to Public Health or Welfare
Memorandum of Understanding betxwen tbe EcvircxnactftAl Protection Agency and tbe United States Coast Guard Concerning tbe Mitigating of Damage of the Public
Health and Welfare earned by a Discharge of Hazardous Substance «der Sectioo 311 of the Clean Wsfter Act. (33 USC 1321).
Tbe U.S. Coast Guard (USCG) and tbe Enviromnejaal Protection Agency (EPA) agree daft tbe responsibility for tbe mitigation of damage to tbe public and
welfare caused by tbe discharge of hazardous substances shall be shared by tbe USCG and EPA. Tfcns Memoranda establishes policy coocermng the responsibilities of tbe EPA
and USCG rtgarding mitigation actions.
SECTION I
GENERAL
Sectioo 311(b) (6Xc) of tbe Clean WMer Act, as amended, authorized tbe Admmistntfor of EPA to act to ¦'*¦~*£¦«» tbe damage caused by the discbarge of hazardous
substances. Tbe cost of mitigatioo shall be donned a removal cost incurred under section 311(c) of tbe Qean Water AcL
Through Executive Order 11735 (or as amended), the atfbority of the Presides*, purtua* to Section 3110(1). (A), relating to the eatablisbmeii of methods and
procedures for the removal of discharged oO and hazardous substances, is delegated to both EPA and USCG.
Tbe «uten and areas for which each agency bas responsibility are defined in tbe National OO and Hazardous Suhstanrscs Pollution cottfingcacy Plan (40 CFR fcit
1510, Sectioo 1510.36(b)).
According to the National Coctmgcncy Flan, EPA is responsible for inland vtatcn and the USCG is responsible for coastal waters and the waters, poets and harbors
of the Great Lakes. These geographical areas are further defined m applicable Regional Cortmgency Plans.
SECTION II
COORDINATION
In accordance with the predeaignated geographical areas of responsibility, EPA and the USCG agree to mdertice appropriate mitigation actions of discharges of
hazardous substances within each agency's defined area of responsibility.
The cost of such mibgabou actions shall be considered a cost of removal incurred under subsection (c) of the Ckan Water Act and shall be reimbursable through the
31100 revolving fund.
Mitigation efforts include, b* are not K—to: activities such as coctaimnet* measures; measures required to wo and protect the public of actfe danger, activities
neceasary to provide and monitor the quality of temporary drinking voter sources; monitoring the spread of the polhfaif; biomoiAoriag to determine the etfeit of the cotiaminstioe;
physical measures to identify and costam substances cottammaled by the discbarge; navigational caution wWe response to the problem is underbuy; efforts to raise siwfrrn
vessels which are the source of the discharge; of emergency fadbbee; and any efforts necessary to locale the source of the discharge and idetfify properties
of the pofltfatfs discharged Tbe long term sohboo to many spills may be the coetructkm of major capital structures, advanced »iaUina< systems or etteusioo dikes.
WUe such major construction may well the danger to public heabh or welfitre, they are not appropritfe mitigation actions taaier Section 311(bX6XC).
* DoconeA Copied For Reference Only *
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APPENDIX N-2
MEMORANDUM OF UNDERSTANDING
Between
THE UNITED STATES COAST GUARD
and
THE ENVIRONMENTAL PROTECTION AGENCY
• • •
A Mechanism for Funding Vendor Costs Incurred by the
U.S. Com it Guard Daring Emergency Response to Releases
or Threats of RekMM of Hazardous Substances
PURPOSE:
The U.S. Coot Guard (USCG) sad the Environmental Protection Agency (EPA) agree that a is leqwed to find USCO oorti incurred during emergency response to
relcatrs, or the threats of releasee of hazardous substances or polhtaits or coabuninazts. Tfau Memorandum of Understanding established the aoooutfing. ootfracting. and find
managemezt coatrot policies and procedures for USCG response actions.
AUTHORITY:
The Comprehensive Eaviromnestfml Response, Compensation, and Liability Act of 1980 (CERCLAX94 Stat. 2796;42USC 9615) authorizes the Preside** to respond to releases or
tfainti of releases izlo the euvifomiea of hazardous substances, or or coitaminaits which may preset* an and substattial danger to the public health or m«liare.
Tbe Executive Order 12316 delegates certain authority and responsibility for response to the Adminstrator of the EPA and to the Secretary of Transportation. The USCG and the
EPA are ettering nt£> tfau agreement m order to carry oit their joii* responsibilities under CERCLA and the Executive Order.
SCOPE:
Tbe USCG and the EPA agree that vendor oosts are costs hniaied by the USCG m to a specific ncidaft of a release, or thrcM of a release , of hazardous substances.
The vendor costs are ocdy those oosts winch qualify as aDo"*«ble uses of the Hazardous Substance Response Trust Food when the USCG undertakes response activities pursiaut
to CERCLA, Executive Order 12316, and the National Oil and Hazardous Substances rawingravy PWr» Examples of vendor costs include. bm are not bmitoH to, the following:
- contractor and consulting costs;
• lease or ratal of eqinpmett; and
• stqjpbes, materials, and eqinpmal (including transportation costs) procured for the specific response activity and expended during a response.
Vendor costs do NOT include USCG ott-of-pocfaet expenses winch are:
• travel and per diem for military and cmhan personnel, and overtime oosts for civilian personnel;
- fuel for vessels, aircraft, or vehicles used m nqyott of a icsponse activity; and
- replacemei* or repair oosts for non-expendable eqapoeil
Funding for o^-of-pocket expenses and other non-vendor costs wQl be the subject of a separate agreement between the EPA and the USCG.
The Coast Guard will advise all of its District Commanders, predesignated On-Scene Coordinator! (OSC), and Regional Response Team members of the terms of this Memorandum.
The USCG will provide to EPA a currat listing of District personnel who will serve as appropriate ccdirt for EPA on matters relating to extracting and nrx* anting for response
activity.
CONTRACTING AND ACCOUNTING:
The USCG and the EPA agree th* the EPA wiD perform all attainting for vendor oosts.
The USCG and the EPA agree tlm the coctmctiag system used by the IHfTi finimiimn in ijsl siil laisiilma aiJislaia i iliaihaifn larlrr flu aifhorifj of Section 311 of the Clean
Water Act, sbafi be used for USCG responses to all releases or threats of releases of haiaidous wUmrrs or poQttaits or ootfamiaaas as defined m CERCLA.
Any cotracts for wmnrytiatr removal actions m response to releases or threats of releases of hazardous or polhtatfs or estered nfto by the Coast Guard,
where the USCG OSC is acting in the capacity of first —p-—Federal official, pfw* to the Ntfional Coming ency Plan, shall lemaiu m effect only daring the period tfast
the USCG v the OSC.
Any coitract for jmmndiatr removal actions m response to releases, or threats of releases, of hazardous ¦¦¦Wni*1-** or pothtets or comamnuts, etfered nto by the Coat Guard
|waai< to the authority defeated nder Executive Order 12316, and mtaiuud by the USCG m Section (c) of the instiuuml of Redelegabon, execrted 2 October 1981 by the
Secretary of Transportation and coosntfld to on 9 October 1981 by the Administrator of the Enviroomettal Protection Agency, shall muain m effect ocdy daring the period tint
the USCG k acting under this aitbority.
The USCG and the EPA agree on the following procedures for coordinating the EPA system and the USCG ootfractmg system.
1. Obtain aocoort somber. For each iacitot where CERCLA finals are the USCG OSC most obtain a ten-digit number from EPA Hendquaxtest which
wifrtifirs a specific ste/spSl jaLidtrtt The manber is by calting:
Chief, Response Operations Branch
Emergency Response Division
Offioe of Emergency and Remedial Response
Environmetfal Protection Agency
401 M Street, SW
Washington, DC 20460
(202)382-2188
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The USCG OSC wiD provide an of the rapooK carts coacocaitntf with the rapiest for aa *^if amber.
TV tea-digit acooa* number will not be tamed unless CERCUk foods are available for the response action.
2. Accounting codes. Specific accounting information » required by the EPA Financial Management Syrtea in order to process response coctracL There are five ctegorici
of actuating and cotfrot cum ben which mud be atered 00 each cotfract and wi«i docmaes*. The are:
• Appropriation Nmber Tfcu cumber is permaaetfly asstgaed to the tract fmd.
68-20X8145
- Acooat Number The tea-digit anoourt amber *>—i»i»H for each mcidetf from EPA Headquarter* (tee #1). The R aad SS portion wfll vary to ideitify each separate
rHraif jacidetf.
FTFA72RESS
Where: R * EPA Region where the rtleair occurred
SS ¦= Site/«pD identification amber
- Documetf Control Nmber. The OSC wiD develop a set of docometf oottrol cumbers far a specific release in the following format:
RSSXXX
Where: R m EPA Region where the rdcast occurred
SS » Site/spill idedificriioB amber
XXX ¦ CoKract docmest amber
Each coitract ettered afto relative to each release must bave a m'que document ceirql oomber issued m a>rriwlin|r americal sequeace beginning wilb XXX = 001 for the first
oortnet issued for tbrt rrlrair The R and SS porticos are otXaiurd from the Aooool Ntxnber.
For Example: RSS001 for 1st coctract aod its modificatioas
RSS002 for Tad ooctiact aad its modifications
- Object Oast: This amber is peraaaeitly assigned
2535
- Ajaourt of Cotfiact m Dollars
$
3. Transmit Contract to EPA. la order for EPA to process payments for response coitracts, a legible certified true copy of the contract and modifications to the cottnct
must be rvHnirH by certified mail wtdnn 72 hoars of awwd by a USCG District Ca&racting Officer to the EPA paying office:
Finaacial Management Officer
Operations Office (MD-32)
Enviroamatal Protect!00 Ageacy
Research Triangk Park
Durham, NC 27711
The USCG wiD assure that the USCG cottract camber aad the EPA codes (appropriation number, accoutf number, documezt cotfrql number, object class, aad doQar
amoact) are dearly aad legibly pretested 00 the contract documeit. The USCG wiD assure dot the EPA accomtmg code* aad USCG ooitract number are made kaowa to the
codiactor. The origixml cottract wiD be retained by the USCG.
4. Process Contract Invoices.
4.1 Contractor Responsibilities: The cortrmctor will:
- Send the original invoice to the EPA paying office. The address for the paying office is:
Financial Managemezt Officer
Accoutring Operations Offioe (MB-32)
Eaviroameital Protection Ageacy
Research Triangk Park
Durham, NC 27711
- a dupbcsle copy of the iavoioe to the USCG OSC.
- Assure th* the USCG oonract laairfwr aad the EPA annwiing codes (approprirtion amber, accoutf amber, ujiirql amber, object class, aad doOar
amomt) are dearly aad legibly presetted oa the invoice aad its oopy. CoObmctorv ¦¦¦*—¦*¦*'"¦£ invoices for work performed vder a contract are to amber each iavoioe segue itiaDy
hrginning with one (1) aad make a notation oa the last invoice mder the ctatrart with the phrase 'FINAL INVOICE*.
4.2 USCG OSC ReapooribQibes:
- IV USCG OSC must certify each correct aad proper invoice. A correct aad proper invoice is one in which the services perfonaed are acceptable aad are coositLot
with the services billed aad the abating data property transcribed. The oertificaboa in sniii to be wed by OSCs of both agenaes for all CERCLA cases.
*1, . certify to the beat of my knowledge aad belief tbt the services bave bee perfonaed aad are accepted, aad that applicable Potation locidett
Reporting System (PUIS) and EPA Spin PreveHion Cortrot aad Courtenaeasares (SPCC) mformstion has beea correcdy aad completely submitted.*
OSC aad date
• The. OSC wiD forward by certified aaul the accepted aad certified iavoioe, within 72 hours of receipt of the iavoioe Cram the contractor, to the EPA paying offioe
(address shown above).
• The USCG OSC shall NOT certify invoices which mdude discrepaacies between services performed aad services billed. la the eves* tint there are discrepancies
in the invoices, the USCG represetttive shall, immediately npoa receipt of the iavoioe, take appropriate action to aobfy the omtj actor aad to resolve the discrepaacies.
Within 72 hoars of receipt of an invoice cm taming unresolved discrepaacies, the OSC shall forward the invoice by certified aaul to the EPA paying office (addreas shown above).
The invoice wiD be endorsed with the following statemeit:
N-2-2
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"Tbii invoice coBmim araelved dijcrep«ncie». DO NOT PAY THIS INVOICE UNTIL YOU RECEIVE WRITTEN NOTIFICATION THAT THE
DISCREPANCIES HAVE BEEN RESOLVED AND THE INVOICE IS REISSUED.*
QSC «f*"» and date
4.3 EPA Responsibilities:
- The EPA ha* the responsibility to process cottfract invoices end to make contract paymeils m ¦ timely msumer. Contract payments are normally made with 30 days
after invoice receipt.
- Paynes* «D be ooetiageia en tk EPA paying office receipt of the original nvoice from the corrector and the USCG OSC's certified copy of the invoice.
- The paying offioe «iD afthhoU paymcia for oo&rm&oc services i/ the OSC has not certified the invoice, hynmti «iD be made wbea the dacrepaaoM are resolved
and the invoice is reissued and received M. die paying offioe.
- The paying offioe wiB not pay any response co will take appropriate aeboa.
FINANCIAL MANAGEMENT:
The USCG and EPA agree thai the USCG may obligate. to $250,000 per release without prior approval from EPA. Approval to
obligate amomts m excess of die $250,000 ceiling most be obtained from:
Chief, Response Operations Branch
Emergency Response Division
OfSoe of Emergency and Remedial Rapoaw
Euvireameftal Protection Agency
401 M Street, SW
Washington. DC 2M60
(202)382-2188
The USCG wSl modify, as necessary, any existing contracts to reflect each ceiling increase. Certified copies of the cotfnet modification most be —to die EPA Piyi^
office.
The USCG and EPA recognize thai CERCLA requires thai response actions cease -when $1 million is obligated or 6 months have elapsed from the dale of initial response, except
as aitfborized under Section 104(cXl), thereof.
REPORTING REQUIREMENTS: POLREPS
The USCG and die EPA agree thai die EPA. acting m the capacity as manager of die Hazardous Substance Respocne Trust Ftnsd, restores iqHo-daie information on CERCLA
response acboos and the relslod obligations of CERCLA funds for those actions. Pollution Reports (POLREPS) are submitted by USCG OSC's to USCG District Commander*.
POLREPS provide fartnal operational data relating to a release and a curreti of project oosts. The USCG OSC will sobmit a dopbcale copy of all POLREP'» to die
Director, Emergency Response Division. EPA, (TWX # 710*8229269) for the purpose of oommmnoating CERCLA response and fond obligation data to EPA. The initial POLREP
will be Mtf wiffesn 24 hows of iiati^ing a response action, if information is available. Once the initial report is completed, pi ogress POLREPS should be sett on a rottine basis.
PERIOD OF AGREEMENT;
This Memorandum shall
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APPENDIX N-3
INTERAGENCY AGREEMENT
BETWEEN
THE DEPARTMENT OF TRANSPORTATION
AND
THE ENVIRONMENTAL PROTECTION AGENCY
Redelegation
In acoonkaee with Section 8(F) of Executive Order 12316 of August 14, 1981, the Secretary of the DcfJtuiq* m wfaicb the Cout GohtI it hereby redelegate* to the
Administrator. Enviroametfal Protection Agency (EPA), subject to the Admnastxator's court, aD taction specified m Section 2(D), 2(F) < 2(G), 3(A) sad 4(B) of the Execiftive
Older with the exception of the foil owing:
A. F tactions reked to rapOBMi to relenet or threats of rebate* from vessels;
B. FancboM rctrtfH to snmodiaie removal action coocernng releases or threat* of release* at fiscthtie* other than active or inactive "Hazardous Waste Management FacQiba"
(as defined in 40 CFR 122.3); and
C. Finactions rehftod to removal action concerning releases or threat! of releases at active or inactive 'Hazardous Waste Management Facilities" when the U. S. Coast
Guard (USCG) On-Scene Coordinator (OSC) determine* thai such actioa mast be takrn the trriwl on-scene of an EPA On-Scene Coordinator. Unlets otherwise agreed
by EPA and USCG this authority wiH not be exercised unless the EPA OSC is scheduled to arrive oo-scene within 48 hows of notification of the release or threaL
For purpose* of this inettrumal: the term "immediaie removal action* mcfades any removal action winch. m view of the USCG OSC, most be taken immediately to prevtd or
mwtA harm to human hfc or health, to the wiroumei*, or to real or personal off-cite property. Situtfious in which such action may be taken include,
bit are oat to, fire, explosions, and other sudden releases, * —agmal. or food chain exposure to solely toxic substance*; and the comamntiou of drinking vudcr simply.
All factions described in das whether ^delegated or retained, tip*"1* the autarky to cortxl for, obligate mooes for. and otherwise arrange for and coordinate the
responses included widan such functions.
* Documeift Copied for Reference Only •
N-3-1
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APPENDIX N-4
INSTRUMENT OF REDE LEG ATI ON
1. Except as prwided m pmgnph2 below, m accordance widi Section 11(g) of Executive Order 12580 of Jaxwry 23. 1987, the Secretary of the Department wfaieb the Coast
Guard is iterating hereby deleg*es to the Administmor, Environmental Protection Agency (EPA), subject to the AdsnnistnAor's ooaxa*:
a. aS factions specified is Sections 2(f). 4(C), sod 5(b) of that Executive Order; and
b. tbe factions specified in Sections 2(1), 2(j)(2). 2(k), and 6(c) of thai Executive Order to tbe extexl thnt those fractions refctfe to the fractions specified m Section 2(0
of thai Executive Order.
2. The fractions redelegtfed under this Instnaneii of Redtkgntion do not inctude;
a. factions related to responses to it fames or du iali of releases froo vessels;
b. functions related to emergency action concerning releases or threats of releases si frcilities other than active or inactive "hazardous waste manageznez* fiscflhies" (as
defined m 40 CFR 270.2); and
c. factions related to emergency action concerning releases or threats of releases M active or inactive "hazardous iiitr manageoe^ facilities" when tbe Coast Guard
On-Scene Coordinsior (OSC) determines that, such action most be talcen the arrival on scene of an EPA OSC. Unless otherwise agreed upon by the EPA and Coast Goard.
this atthority wiD not be exercised unless the EPA OSC is scheduled to arrive on scene within 48 hours of notification of the release or threat of release.
3. For purposes of this Instrument, the term 'emergency action" includes a removal action which, in the view of the Coast Guard OSC, must be taken immediately to prevet* or
—imsedjaie and sigxaficaxt danger to the public health, wc&re or the enviroumeift. Situations in which snch actions may be taken include, bit are not to, fire,
explosions, and other sudden releases; animal, or food chain exposure to actfeiy toxic and the coctamantion of a drinking vwrter supply.
4. AH functions described in this docuneA, whether reddegtied or retained, include the attfhorily to ooctnct for, obhgstr
for, and otherwise arrange for and coordinate the responses included within such factions.
f/S/f Jim Bromley //D// 11/29/87
(Acting)
Secretary of Transportation
1 hereby oonseA to the redelegatioo as set forth m this mstnxmeat-
ItSJI Lee M. Thomu //DII 5/27/88
Administrator, Environmatal Protection Agency
* Documo* Copied For Reference Only *
N-4-1
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APPENDIX N-5
INTERAGENCY AGREEMENT BETWEEN
THE U.S. ARMY CORPS OF ENGINEERS
AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
IN EXECUTING P.L. 96-510,
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT OF 1980 (CERCLA)
PURPOSE
The Eavironmeatal Protection Agency (EPA) hu cwenU statutory responsibility for the Comprehensive Environmeital Response, Compensation and Liability Act
of 1980 (CERCLA), abo known as Superfuud. Tin agreement define* the nui^aat and technical assistance the U.S. Army Corps of (Corps) wiD provide to EPA
to —rift b nnplcmcrting the S^yerfund Program.
BACKGROUND
1. CERCLA provide* attborty and finding to respond to releases of hazardous snbstance*. poDitaits. and ooitaminuts hto the eovtroomeztf. The sta&te and Executive
Order 12316 primary responsibility for tmplemetfation to EPA. The Soperftnd program includes emergency response (removal) to baardous whttaw apSb and files and
longer term (remedial) action at sites. This agreemett primarily addresses aspects of the remedial response program.
2. For purposes of this agreemect, response at uacoetrofled hazardous sites consists of the foOowing: mvestigfltioo to define the problem; feasibility study to cvihate
the j—***— and select a cost-effective remedial action; final design; and nnpteraexmion (construction and related taiki).
3. States may perform all or past of the remedial response propam activities at sites. EPA is responsible for remedial response where a SnOe does not elect to so perform.
4. The authorities aider winch this agreemett is being implemetted are the Comprehensive EnvironmeitB] Response, Compensation and Liability Act of 1980, 42 USC 9601
et seq.. and Section 219 of the Flood Cortrol Act of 1965, P.L. 89-296, Title 2, 79 Start. 1073, 1092.
EPA'S RESPONSIBILITIES UNDER THIS AGREEMENT
1. EPA wiD manage all activities undertaken at a site before
the Corps accepts a project and all remedial program activities except those performed by the Corps tmder this agreement.
2. EPA wiD provide the Corps with sufficieti funding to exectte the activities covered by this agreeoed The Corps and EPA wiD etfer ixto a snbsequeit financial agreemexX
wUch, at a miininnm wiD include: (a) procedure* for project audits; (b) overhead oosts; and (c) oost witrol mecbanims relating to Corps managed coitracts.
3. EPA wiD manage rdaknlqs with SCUcs and wiD have primary responsibility for baison with other izterested pwy.
CORP'S RESPONSIBILITIES UNDER THIS AGREEMENT
1. The Corps wiD manage design, ajnsuution and related tasks for remedial actions assigned by EPA and accepted by the Corps. In carrying oat its managemat role, the
Corps wiD nse private extractors for aD design, construction and related tasks. EPA and the Departs ext of the Army may, with the concurrence of Office of Maoagemeit and
Budget, bier agree that minimal work shoaid be done by the Corps.
2. The Corps wiD provide trrbracal aniitsnrr to EPA daring the remedial investigation and feasibility study filiaari. This assistance wiQ be Ignited to work repaired to satisfy
the Corps tfa* the remedial action selected by EPA wiD be reasonable to design. ounstiiM and operate. The Corps also wiD assist EPA m review of State-managed projects as to
their sialslilily for balling and constractioo.
3. The Corps may provide other toclancal assistsm-r to EPA in s^ypwt of response actioos, as agreed npon by the agencies.
4. The Corps wiD provide EPA with fnnmial and program information consistent with, and easily ntegnted iito, EPA's managementand financial am—ting systems.
QUALIFICATIONS AND UMTTATIONS
1. EPA and the Corps wiD ensure tfat any remedial action selected by EPA for Corps manageme* is reaionaHi to construct and operate. EPA wiD not assign a
remedial action to the Corps for iiiauaguuu* if the Corps determines that the action is not reasonable to design, uatiULt and operate.
2. EPA intiiiains statutory responnbOty for snpkneatmg the Styerfiad program. The Corps wiQ "»¦¦¦*¦"¦ coaastency with EPA's overall program reqtaremeits. The
Corps wtfl nse its own hternal ymwlau m the performance of its responsibilities tmder thai nflf-TiM**. initialing the nse of its own procaremeit regdabcos. However, smaD
bndneas set-asides wiD be m accordance with the criteria set o¦'*¦"* of the parties. In cases of «tr or national
emergency or m the otereat of the national defense das agreemezt may be tenninrted vakterafiy.
5. The Corps and EPA wiD issue mstrocboos tmpietneitxng this agreemeit.
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AUTHENTICATION
Tfaa agreement will becooc effective apoo signttnre by both parti e*.
Aane M. Goooch
Adanatntor
Esviroroeital Protection Agency
IfDH D*e Illegible
1/S/lAjmtc M. Gorauch
Wlfiaun R. Ginelli
Anwtwtf Secretary of the Army
(Civfl Wort*)
l/DII 2/3/82
IfSJI Wfflka R. GiaaelK
* DoctbbcA Copied For Reference Oxrfy *
N-5-2
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APPENDIX N-6
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEPARTMENT OF DEFENSE
AND
THE ENVIRONMENTAL PROTECTION AGENCY
FOR THE
IMPLEMENTATION OF P.L. 96-510
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980 (CERCLA)
1. PURPOSE
The Depeitmez* of Defease (DOD) and the Eavirooncxtal Protect!oa Agency (EPA) are a*ering nto tSai agreema* to clarify each Agency's responsibilities and
for conducting and fi response actions aiihorizcd by the Comprehensive Enviromnetaal Response. CotiifKn—dun, and Liability Act of 1980 (CERCLA) and specifically
delegated by Execttive Older 12316.
This agreemei* does Dot redelegate any responsibilities set od in Executive Order 12316. Rsiher, k clarifies respective operational roles, responsibilities, and procedures, consisted
with the applicable provisions of Huctfive Order 12316 and Executive Order 12088. This agreeing* does not create any snhshiitive or procedural rigtes m other parties, does
not affect enforcemei* rigls* and remedies with regard to any party, and is intended only for Federal administrative purposes of EPA and DOD.
These responsibilities and procedures are guided by the following:
- DOD facibtie* are defined as govenanetft-owned, govenaneit-opented facilities comrofled by DOD; and governma*-owned land oomrolled by DOD that is either
cofi«etor«patfed or leased to other parties.
- DOD is generally responsible for actions taken in response to releases from DOD facilities, or assuring, that anuthra paity finances such actions.
- DOD and EPA will conduct response actions consisted with response procedures established by the National Oil and Hazardous Substances Polhtfioo Cottmgency Plan (NCP).
- At DOD's request and m its discretion, EPA wiD provide DOD with technical to support the response actions conducted by DOD.
• Civil works activities of the Departmei* of Army Corps of Pngw**-* are not subject to the terms of tfas agreemen.
DOD wiD consult with EPA ccnccnnng the best tectariques and methods available for the prevention, oottrol, and abaleciei* of envinxnnatal poQrion.
2. BASIS OF AGREEMENT
CERCLA provides a comprehensive framework for response to the release or potfttial release of hazardous substances, pollutants, and «**unimuts.
Section 104 of CERCLA and ExecOtive Order 12316 place atfhority for to releases from DOD facilities with the Secretary of Defense. These response actions must
be conducted m accordance with the NCP as by EPA under section 105 of CERCLA.
3. RESPONSIBILITIES AND RESPONSE PROCEDURES
For purposes of this agrermeit. releases of hazardous substances are divided nfto three categories:
• Releases from curreit DOD facilities;
- Releases from former DOD facilities; and
- Other releases for which DOD is a responsible patty.
For citth category, section 3 describes procedures to be fo0ow«d by DOD and EPA m determining which Agency wiD conduct and/or finance the response action consistent with
CERCLA, the reqareaoti of Exectfive Order 12316, and the NCP. At DOD's request and m its discretion. EPA wiD prwide assistant or serve m an advisory role
when DOD oonducts a response.
3.1 Releases from Currcr* DOD Facilities
a. Carrett DOD faciHtka with an-facQity ooetammatfen and no off-facility ooitaminatioc.
When there is codaminatiott on a uaiul DOD facility and no off-facility coetanrinaioc, DOD will conduct and **¦¦»¦*<¦» the response actions or assure that another party does so.
At DOD's request, EPA will provide technical assistance or serve in an advisory role. This section does not apply to release* for wfasch DOD is not a responsible patty oder section
107(b) of CERCLA (e.g., "awictiagfr duping").
b. Carrot DOD facilities with off-hd%
When there is off-facility oodnntioB and dear evidence that a curru* DOD facility is the sole source, DOD will ocndnct and **¦¦»¦*<¦» the response action or assare that another
patty does so. At DOD's request, EPA wiD provide tedaacal assistance to DOD or serve in an wivisory role.
When there is off-fadEly
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a. Releases from former DOD FaciBtiee. when DOD is the sole responsible party.
If EPA, in cunsuhmiion with DOD. determine* thai a fanner DOD facility is tfae sole scarce of tfae —jr—kti. DOD uiQ fiance say response action, including off-facility
response actions, or will assure that another party does so. If EPA agrees, DOD may choose to conduct the response action. If EPA conducts the response action. DOD will
reimburse the Hazardous Substance Response Trust Fad (Food) for the Action. EPA concurrence is required before DOD oooductt a response action.
la cases where DOD disagrees with the determmaiioa of responsibility, proposed action, or its cost. DOD may use the diiptfe readttioo section of das agreemett.
b. Releases from Former DOD facilities, when DOD is ooe of two or more responsible parties.
If EPA. in consultation with DOD. determines that DOD » one of two or more parties responsible for the oottammsticn EPA will conduct and *—• '***¦ the respoote action and
EPA. m consultation with DOD. will determine the appropritfe response costs. DOD will reimburse EPA that —
If EPA agrees. DOD may choose to oonduct the response action. If EPA conducts the response action. DOD will reimburse the Ftaxl for the Action. EPA concorrence is requited
before DOD conducts a response action.
Is cases where DOD disagree with the determmaboa of responsibility, proposed action, or its cost. DOD may use the disposal sohtioa section of tins agreemettf-
3.3 Other Releases for Which DOD i> a Responsible Party.
When there, is a release for wfaich DOD at a responsible party, and winch does nut involve a curieit or former DOD facility, EPA will hxvestigale the need for a respoote action,
and the extot of responsibility of differed parties for the release, including DOD's responsibility. EPA. m oonsutaiou with DOD, will determine the appropriate response oosts
and DOD will reimburse EPA that amouBL If EPA agrees. DOD may choose to conduct the response action for the portion of the release for which it is responsible. EPA
commence is required before DOD oonducts a response action.
For releases from DOD vessels. Deluding vessels owned or barebost chartered and epented, DOD and EPA will joiitiy determine the most appropriate response.
Ia cases where DOD disagrees with the determination of responsibility, proposed action, or its cost. DOD may use the diiptfe resolution section of tins agreeoeri.
4. FUNDING OF RESPONSE
DOD wQl request sufficiezi funds is its budget to pay for response actions programmed by the Departmei* imder this agreement. DOD will ensure that projects m tlas budget
program are listed m the same »——*—• as other eavironmettal projects mder OMB Circular A-106.
When EPA undertakes a response, for wfaich DOD as responsible imder CERCLA. DOD will reimburse the Fad for its share. Where funds are not immediately available for
reimbarsemesC. DOD's nejtf fiscal year budget request win inctudf a request for Ftaxl reimbarseae*. Provisions of this agreemcit for paymeit by DOD shall not be constinod
as affecting the particular source of appropriations for paymcct by the governed, including special appropristiom or 31 U.S.C. 724a.
Any ooomitiBett of faads is subject to the availability of appropriations
Each Agency wfll mahtain records of all costs incurred which may involve paymeits to of from the Ftaxl and will provide docmneitfation of those costs at the other Agency's
vequesL
5. COMMUNITY RELATIONS
When EPA undertakes a response action. EPA will be responsible for establishing a conmunty relsbous program for the site, as specified m the Guidance for Implementing the
S^wrfond Program (Put III. Section 4).
When DOD undertakes a response, action, DOD wiB be responsible for mformtfion to the local community.
For EPA and DOD actions * the same site. EPA and DOD will conduct a joist conmuaaty relation* program.
6. EXCHANGE OF INFORMATION
DOD and EPA wiD exchange information on a ugidai basis. EPA and DOD wiD inform each other at tfae earliest possible stoge of any evidence of ooetammatiou. types of
usiainiwrion. and potntial actions. EPA and DOD wiD ioeep each other informed the type and avaflabQity of date or information. Such data or information wiD be
made available apoo request, subject to Agency technical or peer review. Upon request and following Agency tecfeoica] or peer review, DOD and EPA wfll sdnnit drafts of specific
twisacal reports to each other for review. Review oonaett win be aiMinsiiiii m ' reports.
Agency technical or peer review w£3 be expedited when information is requested. AO requests for date or mfovmstion win be responded to within ten working dmyt of the request.
EPA and DOD win nrtify each ether prior to providing tfae other Agency's information or
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Wbere approprisie, EPA Regional Offices and DOD mstaOsboni may erter ntfo •greeaati «ith Sue and load autarkies response actions. Such •greeoali mutt be
oooristei* with tim* tgreemed, except dat difptte resohtioQ sections of such agreeiuoti may supenede section 7 of this MOU.
9. AMENDMENTS
This agreemai may be amended at any time by mubal agreemot of EPA and DOD. Ameadmeafs will be in writing, and miS be ngnrrf by appropriate DOD and EPA officials.
10. PERIOD OF AGREEMENT
UoIcm eaded or extended by mifeal agreement, this MOU wfll m effect m*j] December 1. 1985. This agreemett may be termmrted open notification by cither DOD
or EPA to the other party. A ousnaiaa of ninety days' advance written notice of tennsKbon b /eqtared.
11. EFFECTIVE DATE
This agreezna* wll becooc effective t^>oo signature of bath parties.
ItS/! Lawrence J. Kort>
LAWRENCE J. KORB
A—wHflf Secretary of Defease
(Maiqxywcr, Reserve Afburs and Lngutics)
Date: //D// 8/12/83
USJl Lee M. Thocwi
LEE M. THOMAS
A«MhB< Admimstmtor
Office of Sobd Waste and Emergency Response
Date: //D// 8/12/83
* Doctznex* Copied For Reference Only *
N-6-3
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APPENDIX N-7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
AND
THE U. S. ENVIRONMENTAL PROTECTION AGENCY
1. PURPOSE
The Agency for Toxic Suhrtinrr* sad Disease Regttfjy (ATSDR) sad the EsvinnDedal Protection Agency (EPA) agree tht gindnrr is itqisred to define tod coordinate joat
and rwyective responsibilities aider the Comprehensive Environmental RopoaK, Cihiijh maliim and liability Act (Public Lnw 96-510, 94 SuL 2796, 42 USC 9601 et seq;
CERCLA), Execitive Order 12316 (Responses to Environmental Damage), nd the National Oil nd Hazardous Substances Contingency Pin (NCP; 40 CFR hit 300), This
Memorandum of Understanding (MOU) establishes policies nd procedure* for conducting response tod ooc-respanse heakh actrvibea rrhffnrl to releases of substances.
2. AUTHORITY
CERCLA section 104 authorize* tk President to respond to relcnw or substaitial threats of release* into the eoviiouwez* of hazardous substances nd certain releasee of
or contamznaits. CERCLA also establishes the Hazardous SubOinor Response Tract Fnd. CERCLA lecboa 104(1) acthorizes ATSDR (part of the Department of Heakh and
Hon Services (HHS) to effedate aad implement specific beaUhfelted activities with the cooperation of EPA and other agencies. Ewonvc Order 12316 folfaer delegates to
the Sccrtnuy of HHS certain iuvestigtfory atthoribes vested m the President voder CERCLA section 104 for conducting activities with the cooperation of other agcacies, reining
to iBness, iiwur or oompiaisti thereof. Executive Order 12316 delegate* to EPA the primary response attfhority nder CERCLA section 104 relating to release or exte* of release
of hazardous suhetanrrs, pofhtart». or cottamioaLes, nd determination of the presence of as «wnwiii«* and sidistaititl danger to the public heakh or welfere of the environanent.
Exception* to this authority include responses to releases Croat Departing* of Defense (DOD) facilities or vessels (delegrte to DOD) and releases involving the coastal zone, Great
Lakes ports, and barton (delegated to the U.S. Coast Guard).
3. SCOPE OF RESPONSIBILITIES
Has MOU covers the coordination of health-related activities by ATSDR and EPA as authorized by CERCLA and delegated by Exeofrve Order 12316. ATSDR has statutory
rrsponsibOitirs aider CERCLA and Execitive Order 12316 for activities rdslcd to iDness, disease, or oomplaiits thereof, for discaic registries aad other responsibilities rrlstnrl
to response actions. EPA bas sbtnory authority toder CERCLA and Executive Order 12316 for activities related to release or threat of release of hazardous substances, polhtarfs
or ocManntt, and for determination of the extent of danger to public *»—**y welfere or the eavirenmest, as well as, other responsibilities rrlatrd to response, actions.
ATSDR aad EPA will cany o« their rcspousibrtrtifs according to CERCLA, Executive Order 12316, the NCP, aad this MOU. ATSDR's major responsibility wfll be the evaluation
ofpopMoos with current or potential exposure to wuste sites, development of heakh advisories, and the follow up on populations for the evaluation of fitare heakh effects. EPA's
major responsibility m the health area wiQ be risk nmimta and risk management as defined herein. Heakh advisories wiQ be based on ATSDR's evaluations of currt^ heakh
effects and wiQ adapt EPA's risk assessments at a site or rites. ATSDR wiQ not perform risk am sum Hi as definnd herein, using the folds made available Croat the Hazardous
Substances Response Trait Fad. If risk asstssuutiti are not available ATSDR wiQ oondurt Mine of its activities tiaoqgh ixterageacy agreements with other partkip^iag agencies
fr—Mi A»p——,4 Such nteragency agte*4PeHi
include those with the Caters for Disease Control to conduct heakh studies and research and provide asiistanirr on worker heakh and safety issues; with the Library of
Medicine to establish and the needed data bases on heakh effects of toxic substances; and with the National Toxicology Ptognun to conduct standard toxicologioal assays.
Definitions for the key terms used in this section follow.
• Heakh Consultation: Immediate or short-term confutation by ATSDR to provide heakh advice and/or heakh effects information regarding a specific site.
- Heakh Assessment: Intial mofei-disciplinary review* by ATSDR of all readily available data to evaluate the ustuit and magnitude of any threat to ham heakh * a site.
These evaluations wiQ adapt EPA's risk asmimctf for the characterization of potential heakh threat! at a site or sites, and may include titenture searches, mformtfion summarization
and evahattion of existing environmental
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B. Remedial Rapome
Remedial actions arc those response actioca oomiiteii with a pennanert remedy tL a site. Remedial action is preceded by 4***^ This section diseases cooniinrtioo
of ATSDR sad EPA efforts dicing the remedial response process, which involves five major stages:
- Site disexTvery. pre&ninery assessmect, and die inspection;
• Site ranking and NPL listing;
- Remedial lin istii^iisi (RI);
- FcaabiUty Study (FS); and
• Remedial design and construction.
The rotei of ATSDR and EPA doiag these stsge* arc discussed in the subsection below.
B.l Site Discovery, Preliminary Assisiiniirt. aad Site inspection
There arc different methods for idertifymg «tes for prtntfial remedial response vder the Siyes fuud program. CERCLA section 103 requires certain parties to notify the National
Response Cater when tfaey have knowledge of a release of a hazardous sdrtaimr equal to or m excess of the reportable qwstity for Art substance. Notification is forwrded to
EPA aad the affected Sbte. la addition to das formal notificrtiou process, EPA may receive notification of a potertisl or actual release from a local. State, or Federal agency that
discovers the release m the performance of its responsibilities. Following notification of a potrrtial or actual release, EPA conducts a preliminary assesitnert of the site to determine
whether farther investigation and Haaud Ranking System (HRS) scoring is mwrarted.
Site discovery, pretanmaiy assrsrmrrt, and site inspection arc primarily the responsibility of EPA. If ATSDR discovers a pntntial or actml releair during the performance of
its responsibilities, ATSDR w31 notify EPA of this release. EPA may perform prchminmry tuesimctfi and cite inspections of such releases, as warrarted, and w31 determine
whether farther investigation is necessary.
B.2 Site Ranking and NPL Listing
CERCLA section 105(8) require* the Picsidert to develop criteria for determining nimkiti among releases or tbrwlranrt releases of hazardous substances and, based upon those
criteria, publish and amend the NPL. Execttive Order 12316. section 1(c) deletes to EPA *(t] he responsibility for. . jdl of the . . . funrhew vested m section 105" of CERCLA.
Decision* regarding specific site •coring and fisting of sites on the NPL are the responsibility of EPA. If ATSDR discovers any mformstion abort potfitial candidstrs for the NPL
during the performance of its respoiwibtlibfs. ATSDR w31 submit tfert mfonnsboc to EPA. To facilhMf this, EPA Headquarters will notify ATSDR prior to each amendmert of
the NPL to aOow ATSDR to recommend sites to be considered for the NPL. and EPA wiU coorider socb recommendations, based upon the data used by ATSDR to make the
before the NPL. EPA may decade to rank cites idertified by ATSDR. retain the site information on EPA files for ftture reference, or seek
further mforation abort socb cites, and notify ATSDR of it* decision.
B.3 Remedial Investigation
CERCLA section 104(b) authorizes the Presides* to mdertake "such investigations, monitoring, surveys, testing, and other mformrtion gathering" ne cessary to "idetfify the existence
and exSert of the release or drert thereof, the source and nrture of hazardous substances, polhtants or involved, and the ettert of danger to public health or welfare
of the envtronmert." Section 2(a) of Execrtive Order 12316 delegrtes to the Secretary of HHS m cooperation with other agencies, those fmlwni of Section 104(b) Vlating to
Alness, disease, or complairti thereof." KHS's responsibilities arc performed by ATSDR. Section 2(a) delegates to EPA most of the remazmng authorities wider section 104.
including those functions ader section 104(b) listed above as they relate to the occwTeaoe or ****** occurrence of a release.
The EPA Regional AdmhnstnAor, or bis designee, will determine as early as possible in the RI/FS process for a site adiether concurrert ATSDR invotvemert in the Rl/FS is
necessary. In Aether to request concurrert ATSDR invotvemert, the Regional Adminestrrtor, or bis designee. wiD consider the following criteria:
- Whether the presence of toxic substances has been confirmed rt the site;
- Whether prthwnys of human exposure to toxic stdwtances have been to exist rt the site, especially if such prthvwys involve direct carta rt with tone substanoes;
and
• Whether a hann population bs been exposed to toxic substantia via the idertified prthvmys, and whether there exists a threat of currert or future health effects to the
poprirtion being so exposed, after considering EPA's risk asuissmcrti or health effects information from other sources.
If these criteria are met, the EPA Regional Admaastrator. or bis designee, shall request concorrert ATSDR iiuiJmmi il. unless m his ophnon there is no need for further public
henfch input irto the Rl/FS. Alternatively, the recommendrtioo for ATSDR mvotvemert may be initiated by ATSDR itself, or the Strte.
Tirmiui nftls in i stifslim in ils li flTirit [aiiii i|niis iimij im lisli imii i nfsiii san>|ilii%. plain ami siilji'a piUm iJi. sitesampimg, drtaamlyesandirterpeetrtion.
worker heakh and safety, wjuuuiuty rekbooi, and the remedial aivTli&stiisi report. The division of responsibilities and mwdiition between EPA and ATSDR in twlm tiiig
these activities is described in the foBowmg paragraphs. EPA and ATSDR will agree to strict tne schwhdcs on a lite spotifii.1 bnsis for all activities to be performed by ATSDR,
to ensure Art the lusyousc process is not delayed. Any changes m the time schedule will be mrtnaOy nH upon by EPA and ATSDR.
Site .Sampling. Where EPA has repeated ooocurrert ATSDR invotvemert. ATSDR will advise EPA during the preparation of —mfKmt *ad anafyvs protocols to ensure collection
of dsAa useful to ATSDR for health asseasmetfs aad epidemiological studies. EPA wiD be responsible far the developmert and conduct of aay isrirnnnirrtal aad biological (other
than Issaan) sampling, aad developing the tests therefor. ATSDR will nwidl with appiopriate heakh agencies aad wiD '¦* recommendations ngaidiiig the necessity for
trying of famnan subjects. If Luuau subject testing is determined to be necessary, ATSDR will be responsible for any such testing. EPA AaB review the protocols or sanijiTing
plans for neb tetfmg to ensure collection of drta useful to EPA in performing subs e que rt risk assessmert aad risk mnagemert.
Sampling Protoooi. Where EPA has requested concurrert ATSDR invotvemert, EPA and ATSDR will stdxnfc a draft, of all protocols to each other for review prior to instkrtion
of any ate sampling or monitoring. Any changes m the sampling protocols wig also be piovided to ATSDR for review. With regard to the review of Non-site specific protocols,
(e.g,, protocols for iiinkid Cortract Laborrtory Program analymi) EPA wiD provide these to ATSDR for review as early a* possible to avoid the necessity of ATSDR review
of these protocols on a site specific basil.
N-7-2
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brta Aaalyw ad btaprtfttoo. At cite* where EPA lw rtyeihid ooocwrot ATSDR involvtncii. EPA wiQ provide its tea from eavirxxanotal, lexicological and other
biological wmpiing sad testing to ATSDR. ATSDR wiD review all available dsla for a site, endudiag EPA's bond idatific*>oa, -respoase wtimeit exposure assessmei*,
aad risk characterization information. drawing conclusions tbotf any threats to public health associated with the site. Based on its nfterprettfiou of the site dsla, ATSDR wiD
characterize the health threes based oo its ewhatioa of cuim effects and m eowoteioD with EPA the magnitude and >«wg of piriinl fiiart >>*¦*»*> effects.
ATSDR wiD oommtriratr all health cwmus to region! EPA staff and wiD provide copies of health wrsnpnti and advfeories to EPA.
Worker Health and Safety. EPA nay repeat assiomarr. from ATSDR oo worker heakh and safety issues during * remedial investigation. iactudiag consultation oa the of
worker heakh and safety plans and mocatoring of plan imptemc«t*iott. ATSDR wiD make arrangemeitfs for laboratory and field related to woHod heakh and safety and
wortar surveaDance.
Coomaoity Rehckw. ATSDR may provide, si EPA's request, aarisbumr m conducting community iilstims activities during the remedial ixxvestigaboQ- Such sarirf irr may
mdude:
- Pr^aitfhA of technical and soiKechnical information material for the public describing hunan heakh da-cMs posed by si a site;
- Reviewing and cormwitiiig oa human heakh-relaled documezts pitpaued and submitted by«in'/na (e.g., citizen-generated heakh survey protocols);
• PMicipstioB in public meetings, small group meetings, and workshops; and
- Preparing responses to specific public inqub'ies ri c,''L*'"E hanaa heakh of site problems.
Remedial Investigation Report. At the conclusion of the rrcwrfial investigation M sites where ATSDR is involved. EPA will send a copy of the remedial investigation report to
ATSDR. ATSDR wiD review heahh rrltrd dsn and idctprettkas of such data in the report and provide ooounetfi to EPA withia a mttuaHy agruol upon time frame.
If EPA and ATSDR agree that ATSDR iovolveaeit is act required si a site. ATSDR wiD not participate m the remedial process si that site. ATSDR may —w other
sndUory activities, such as epidemiological studies or disease registries, at a site or sites. ATSDR wiD * rfw.ihi* all such activities with EPA and wiD advise EPA of
threes to human health at any site aad at any time during EPA's remedial prooea*. In addition, EPA may request ATSDR in heakh information to the
public and in to health ooooerns of local citizen*.
B.4 Feasibility Study
EPA has the final aiahority for detemiimag the eidedt of remedy at a site and selecting a specific remedy during the feasibility study. In conducting feasibility studies, EPA will
develop, evaluate, aad select remedial options using the approach described in its feasibility study quittance. For those sites where there has been concurreit ATSDR mvotvemetft,
EPA staff wiD coosuk ATSDR for its mmnttf of any >¦——*« heakh drts (e.g.. dnacal, epidemiologic) aad EPA's risk aiscsimeit resulting from the remedial orvestigatiou.
EPA wiD be responsible for performing qindififivc/qunitiflgxve risk assetsmeits evaluating long-term rislo to the public thai may restfe from exposure to hazardous siifasHaces from
S^erfuod sites.
h is the responsibility of EPA (Office of Solid Waste And Emergency Response) to mcorporMe the usnka of the risk awimiuntf process aad of health assessments by ATSDR itto
risk managemeil determisabona of the efle* of remedy for a site. The goal of tins process is to enswe tfasl the remedial action is adeqwBe with regard to or
the firisring and future public health threes. EPA may consider and incorporate applicable mfonnotioa provided by ATSDR oa the cure^ statin of public heakh M the site itfo
the selection of the preferred remedy. At the discretion of the appropriate Regional Adnrinistmor, EPA staff may also oonsutl with ATSDR staff for any zxtferprrtstion of faooasm
heakh dsla at sites where ATSDR is act concurreriy involved. In addition. EPA may request ATSDR aaosbmce at any site m diaai. iniuatirig heakh information to the public aad
in responding to heakh concerns of local citizens. In the coarse of performing its hraWi activities. shonM ATSDR discover any site mfcich. in its opinion, poses an '""¦¦¦"* threat
to public bcahh. ATSDR wiD immediately notify the relevmt EPA Regxxad Office aad EPA Headqimlere of this finding.
For each remedial response site where ATSDR iuwlvcuwt is requested, EPA wiD provide ATSDR with a copy of the draft feasibility study, aad where appropriate with rough
draft sections of the feasibility study relating to heakh aad nterpretatioo, prior to the public ooaunettf period if possible. ATSDR wiD review the hfterpretation of the bunas
heakh data in the draft feasibility study and provide to EPA during the public period. ATSDR wiD also provide to EPA any heakh information it possesses
on the site during the public commext period.
B.5 Remedial Design aad Construction
The design aad construction of the selected remedy a Ssyerfuod sites is EPA's responsibility. The Regional Administrator may, a bis discretion, request a heakh aiacssmiit from
ATSDR with regard to oertain efcmeia* of the immlial design. At the copchsion of the rtraipi stage, EPA should provide advance copies of the Remedial Design aad Construction
Flans to ATSDR whenever possiWr if they wish review aad ooonetf by ATSDR. ATSDR wiD notify EPA if the remedial design does not, in its optaon. eliminate or
the public health tbresi.
C. Cost Recovery
Under CERCLA, EPA is anb.w»rd to recover from responsible parties all govenanett costs incurred during • response action. ATSDR agrees to oonform with all procedures
and rnpauimHj for docrnnntmg costs tfasl are to be recovered.
D. Funding
AD carts incurred by ATSDR in performing its CERCLA responsibilities are fmdod by ATSDR through funds provided for tias purpoae. Faodmg for ATSDR activities performed
mder CERCLA is from the Hazardous Substanoo* Response Trust Fund and is provided by EPA through the budget task force reqoired by Section 7 of Exectfive Older 12316
or through sqanit interagency agreeaerts for specific heakh studies. ATSDR wiD comply with the aad requrremeAs in the htengency Agreemeits
thai transfer Fund monies to ATSDR.
4. PERIOD OF AGREEMENT
His Memorandum of Underemndmg wSl onrtimr in effect mail modified or amended by the assett of both parties of fiermmrted by cither party upon a thirty (30) day advance
written notice of the other party. Nothing in the Memorandum is nteadod to or otherwise aker statatory authority of the agencies involved.
5. AMENDMENTS
TUs Memorandum may be airvnri^ at any time by the agreemetl of both parties. Each amendmett must be in writing aad signed by the appropriate ATSDR aad EPA officials.
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6. EFFECTIVE DATE
Tbi* Memorandum wiO become effective «t aooo oo tbe
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APPENDIX N-8
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE ENVIRONMENTAL PROTECTION AGENCY
AND
THE DEPARTMENT OF THE INTERIOR
PRELIMINARY NATURAL RESOURCE SURVEYS
1. PURPOSE
The Department of the Itaerior (DOf) and the Environsnetaal Protection Agency (EPA) agree thta this memorandum of wdiwawdhf it necessary to wypoct federal enforced a*
actions p—to die Coopreheanve Envnoumetaal Response, Piwujii itiiw ad Liability Ad of 1980, « ammricd (CERCLA), 42 DSC Section 9601, et teq, , DOI mill Miin
the Dated States m reaching comprehensive settlements of aD Federal claims imder CERCLA by conducting surveys at hsmsrdous waste tke* of natural resources for wfaicb DOI
acts as trustee.
2. AUTHORITY
CERCLA Section 104(b) od Executive Order 12$80, Section 2(g), authorized EPA to condurt mveAgstkm of irltiaw or threats of releasee of hazardous substances uAo die
eovirocsDesl and other mt ternary mfonnatioo gathering to enforce the provisions of CERCLA.
CERCLA Section 107(f)(2)(A) authorizes the Presides* to tlrsigitf Federal officials to act as asttural iisourct trostecs on behalf of the pubbc. Executive Order 12490, Section
i(cX4), and the National Oil and Hazardous Polhtion Contingency Plan (NC), Subpart G (40 CFR Put 300),» the Secretary of the literior as among those
Federal officials who stall act as trustee.
3. RELATED PROVISIONS
Sections 104 and 122 of CERCLA require EPA to notify trustees of damages to natural resources resulting from releases under mvestigstkxi; to coordinate EPA's
am siiih iti investigations and p***—*"E with trustees; and to notify trustees of, and to entourage trustees to participate in. ntgotiatiuus of settlements at sites where there is the
for dunages to ntaural resources. EPA agrees to nplemeit these coordn^ioo provisions with DOI. The parties viD address the ooord insttion provisions subs&qucit to
the signing of das agreement.
4. SCOPE
Under the authority of Sections 106, 107, and 122 of CERCLA, the United States may actively pursue the setdemeit of claims against persons responsible for releases of hazardous
ntf/i the wiicnaqt Such settlemeta may include ooveouts not to sue responsible parties under CERCLA with respect to the rtlcair of a hazardous substanrr that
is the subject of the The United States may provide a covtaut not to sue for damages to natural resources if the Federal trustee of the affected resources fives written
ccmtn DOI is responsible for detenmmag whether to gxvt responsible parties a not to sue for damages to natural resowres for wfcich it acts as trnitee or oo^raatee.
Under this memoraadan, DOI «iH conduct prdmnnary natural resource siaveys of sites under investigation or negotiation by EPA and wfll notify EPA whether or not resources
wder its trusteeship may be damaged or threatened. The Department of Justice (DOJ) would not include in any settlement agreement^) a ooveamt not to sue for natural resovce
damages uless DOI so atthorizes m writing.
EPA agrees to reimburse DOI for the EPA approved costs of am niNiiifc data warding potetaiaDy affected natural resources, if any, and providing such information to EPA in
a form* appropriate for the enforcement action. None of the finds provided under this agreeing* shall be used to plan or conduct ntaural resource damage aiicanncits or
restorations.
5. PRIORITIES
EPA's OfSoe of Waste Programs Enforcemeta (OWPE) wfll identify to DOI's Office of Eoviroumetaal Project Review (OEPR), as caHy as possible, any sites mler umetigstinri
for enforcement, of subject to negotiation, whether pisnnrd of ongoing, where there may be dunages to asttural resources mkr DOI's trusteeship. EPA's Regional Project Officer*
(RPOs)wiD woric with the appropriate DPI Regional Environmental Officers (REOs) to determine which hazardous w^ste sites so idetaified may reqoire preliminary ntaural resources
surveys. EPA's RPO's, wwfcing with DOI's REO's, wfll establish a priority list of sites needing such surveys. EPA's RPO's may amend the priority list of requested surveys
periodically. OEPR wfll pfam to conduct prebmaary surveys for the sites in the order of priority identified in the regional bits. The EPA regional oodirt, m tonwiiion with
the appropriate DOI Regional Environmental Officer (REO), may propose in the priority of sites within that rgrt. OEPR wiD notify the OWPE of may proposed changes.
6. WORK PLANS
OEPR wfll wrfwiif a woric plan to the appropritae EPA RPO and to OWPE detailing the scope of activity to be performed, the schedde for such activity, and the oost of each survey.
The plan wiD be suhmirtrH do kter than thirty (30) days after the of the priority bsl for surveys, if the 30-day limit oamnt be met, OEPR wfll notify
OWPE, in writing, of the cause of delay and the ftainatM additional tine necessary for completion.
OEPR wiD not commence any activity m the work plan until the EPA RPO has notified OEPR m writing that the work plan is acceptable, tmlees and emergency arises and either
party seeks initiation as soon as feasible. EPA's notification mill sitae a maxbman amotta of reimbursed at that wiD be iDowed for each survey m the woric plan. The
EPA RPO wiD make this potifictaion within (30) days of receiving the work ptasu OEPR may propose a revised work plan on the bans of the RPO-approved reimbursement. DOI
wiD be ftiriod to reimbursement from EPA bqrood the maximum specified in the approved woric plan, if an amendment to the work plan is upon, in writing, by the EPA
RPO and OWPE.
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7. SCHEDULE
OEPR will normally complete a preliminary Mtml resource ntvey within wdy (60) days of the scheduled starting dste established m the work plan. If the schedule be
set, OEPR will notify tbe EPA RPO, b writing, of tbe estate of delay sad tbe —mWihumI time necessary for completion. OEPR should contact tbe EPA RPO tf least
fifteen (15) day* before tbe end of tbe msbal 60-day period if time n necessary. By mutual agreemen, EPA may request, and DO! may conduct. a preixminary survey
on an expedited schedule.
8. SURVEY PROCEDURES
OEPR will conduct prrjiffiinary Mtml rceooroe surveyi according to its own procafarw sad tbe approved work plan. OWPE win idetfify EPA's RPOs wbo win, upon roymt,
prwidt DOI's REOs with rdanit technical duciiuwili, draft and final i iilsiig,i inn li assi ssiiii ill. wwdiil mvesbgstioas and feasibility studies (RJ/FS) and remedial designs,
wtriug all project xyatdi, whether propoaed by EPA or by reaponsible parties. Survey* win be locally directed, whenever feasible, by DOI't REOS. OEPR may also coordinate
with other tnatees in conducting preliminary sorveyt when appropriate.
9. REPORTS AND DOCUMENTATION OF COVENANTS NOT TO SUE
Widan dirty (30) day* of completion of each preliminary nttil resource survey, OEPR ibaD ntak to tbe EPA and to OWPE a win maty report tfcset include* a determination
of tbe for daxnagea to aatsal resources nder DOI trusteeship, tbe bam for tfcai ooaihaioe, and a clear indication of any condition DOI niglt reqwea prior to
to a not to we for atfml resource damage*. OEPR win prwide das information to tbe ctfett possible baaed on information available tf tbe time of tbe sarvey. OEPR
may request additional mformstioo if necessary to enable DOi to reapood to OWPE.
lnformtfion on DOI*s poaibon concerning potential natsal resource damages shall remain confidential. DOI win uiaiitnin a file of finding* of bet in support of this stannary report.
Tbe ——»¦—»y report ibaD be protected under tbe principles of deliberative process, Mlorney-cbe*, and work-product. DOi or DOI may represent DOI's position in negobtfions
witb responsible parbea.
DOI may agree to a written coveaait not to ne for natural reaource damagea, wfaen requested. DOI may propoae modification* of tbe proposed remedial mtanri or Record of
Decision as a term or condition before agreeing to a coveaait not to me. Eacb DOI report win certain tbe EPA ate identification manber and cite name. Wbere aodifictfioni
of a propoaed remedial measure are roqiarod, EPA win c
-------
t/S/f EQegjbk
J. Wanton Porter
Awirtnaf Adaiatftrxtor for Solid Wnle aad Emergency Uetpamc
EnvnoosiestBi fVotecboa Agency
//D// II/6/87
//Stf Joftefii W. Gorrefl
Joacpti W. GorrcQ
Priori}*! Deputy Aiifihrnf Secretary Policy Budget aaad A4»ii8i*ntfioo
Dejartmeat of the iiftariar
//D// 12/4/87
//S// Gene Lnoero
Gene Lacxro
Director, Office of Wade hognuiB Enforceme**
Fn iinBin ml Pratecfcoo Agency
(HoDtfe)
//S// Bmoe Bltndwti
Brace Bhnrjmd
Director* Office of Earviranmealil Pireject Review
Dffrtwwrat of |jbe hterior
(No D»te)
* Doconxeot Copied For Reference Only •
N-S-3
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APPENDIX N-9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ENVIRONMENTAL PROTECTION AGENCY
THE UNITED STATES COAST GUARD
AND
THE GENERAL SERVICES ADMINISTRATION
PERTAINING TO THE
Federal Response Under The National Oil and Hazardous Substances
Pollution Contingency Flan (NCP)
I. GENERAL. Thb Memoraadom of Undentandmg (MOLT) recognizee the general sbnmb of the Genets! Service* Adamistnboa (GSA) to provide logistical and
tekcomm«2>calioos support to the Federal < flJiiliiii it The MOU specifically rirHnrafrs the responsibility of GSA to provide wrioiryy to the Envxrocmatal Protection Agency
(EPA), the United Sates Coast Gund (USCG) aad other memberagencies of the NRT to the National Oil ad Hazardous SuhlMr<« Pollution CoitingeDcy Plan (NCP) who would
be tyked by the (EPAAJSCG) Federal On-Sceae Coordinator (FOSC) m a respome ntaaboo to implement the NCP. K Kti foctli the procedure* to be foflovwd by EPA, the USCG,
number agencies of the NRT, and GSA when each assistance i» requested to rapport those plus. The MOU abo recognizes tht the i^ewy providing the FOSC and/or member
agencies of the NRT must rambwte GSA for its activities m providing nch *s*ifii> <
D. BACKGROUND.
A. The Federal Response. The Federal respome to oil discharges and whtet releases are conducted in accordance with the N*iaaal Oil and Hazardous
Suhstsnrrs Pothaioo Coaft'wgi! nry Plan (NCP). The NCP effectuates the response poser* and —created by the Comprehensive Ejxvironmettal Response, Compfnsation,
and Liability Act, as ammrUid (CERCLA), and the authorities of the Oil Poflition Act (OPA). Under the NCP, a Federal On-Soene Coordinator (FOSC), designated by the U.S.
EPA, USCG, the Depailiueit of Defease (DOD), or the Departmei* of Energy (DOE), is responsible for directing the response efforts and coord mating all other efforts at the scene
of an oil or hazardous svhtawc release. The USCG provides FOSC* for oil and hazardous ¦ubstmnre rclrasrs itfo or the coastal zone*. EPA provide* the FOSC for
releases itfo or threatening the inland zone. DOD and DOE provide* FOSC* for release* from any fecdity or veasel operMed nnder their respective jurisdiction or ootfrol.
B. The National Response Team. The National Response Team (NRT), of 15 Federal agencies with major eaviroamettal and public health responsibilities
for oil and hazardous substance release*, is the primary vdade for coordmatxng Federal agency activities under the NCP. EPA chain the NRT while the USCG serve as vice-chair.
The Regional Response Teams (RRTs) are made op of regional repreceabtfive* from each Stte widrin the Region and are co-chaired by EPA and USCG. The RRTs serve as
and preparedness bodies before a response, marshal their respective ageacy response resources and provide coordination snd advice to the FOSC during response actions.
HI. PRINCIPAL EPAAJSCG STAFF
A. EPA Cettral Office. The principal poet of cotfmct in EPA Headquarters for the pwpo*e of tba MOU is the Director of the Emergency Re*ponse Division, Office
of Emergency and Remedial Response. The principal poet of cotfact in the USCG Headquarter* is r,-w*"(G-MEP).
B. Regional Offioe*. The principal pairt of oodtact in the field are Regional Response Team (RRT) Co-Chain (EPAAJSCG).
IV. PRINCIPAL GSA STAFF
A. GSA Emergency CoordinMor. The principal poet of and the coordinating official in GSA Cettral Office is the GSA Emergency Coordinator.
B. Regional Emergency Coordtator. For a region where a potntial or acbad emergency has occurred, the GSA Regional Emergency Coordinator (REC) or a
designated alternate is the regional pent of oodnct for Regional Response Team (RRT) Co-Chair alerts and requests for assistance. Once the emergency response is underway
the FOSC wiD direct the GSA REC as to what siyport is needed.
C. Federal Emergency Support Coordimdor. Upon an alert or request for aMHbmce from the RRT Co-Chair (EPA or USCG), the GSA Regional Administrator or
a deleted xcpnauirtive shall appoto a Federal Eu>tigmcy Sqyort Coordna&or (FESC)> The FESC sbaB serve as the principal poet of corfact between GSA and FOSC for
the estabiislxneit of logistical support priorities, allocation of GSA resourues. aad coordination of the delivery of all GSA services, fmuqwncn. and except that pertaining
to telecommunications. The FESC, with appropriate GSA sapport staff as iktuniiaul by the FESC, sbaB normally be locked at the Field Office. The FESC will serve uril released
by the FOSC.
D. Zone Emergency CommnicatioaB Planner. In accordance with the National Plan for Tiliji iwinniiratiwa Sqpportm Non-Wartime Emergencies, the GSA Assistet
Regional Adonartndor for Information Resource* Menagemei* (IRM) or ffiwltu wiD a GSA staff person with experience m communications a* the Zone Emergency
Commumcatious Planner (ZECP) > The 7ECP m coordination witii the RRT wffl prepare aad a Zone Tdeoommonicmion* Siyport Plan for the rgr- in the zone.
E. Federal Emergency Commonctfiaas Manger. When responding vnder the NCP, RRT Co-Chair amy request that GSA desigmte a Federal Emergency
Cmnmiancations Manager (FECM)to serve on the staff of the FOSC. The FEMCwiD fraction as described m the Nsbonal Plan for Tdecomxmaac^ious S^port in Non-Wartime
Emergencies. The FECM iffl ocdaae to serve m i^acity such time as the FOSC determine* that tekcomimaacatioas reqataem have been fdfiDed. The FECM,
witfaappiiyiae GSA airport as determined by the FBCM, wiB normally be located m the Field Office.
V. EMERGENCY CIRCUMSTANCES. Jtisqnderstood by the agencies who wonM provide the FOSC tfa* the implcme^tioo of agtcupert* made herein regents prompt
artion to edabtish the Field Office is order to assist the affected State and local oommtanbes m responding to an eavimasestal emergency. Txmefcaeas is especially critical when
responding to a hazardous srihf nrr rciease/oil spill emergency or when one is However, it is also ¦rifflimil that to invoke the "situation of an anal
or compelling ardency* chat of the Cornpetkicn m Cottmdqg Act of 1984 witfarwt nbfbriitfiqg doctanenttfion can be yrstianei daring a post emergency audit, For these
reason*, the provisions of section VIAJ of this MOU will be followed to enrare
compliance with aO rcJcvaxt legal reqoiremetts. Decisions as to the degree of
tanehness of agency reqinred for GSA siypoct miD be made by the FOSC, with the advice of the FESC. Verbal requests will be followed up in writing in a timely manner.
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V]. GSA RESPONSIBILITIES. Upon request or talking by the FOSC GSA shall provide a full range of tzmefy logistical tad telecommaaicsftion* si^poii to the Federal
response effort in accordance with Federal Accpnsmoa Regulations (FAR), the GSA Aoqasiboo Regulaboo* (GSAR), as emended, and rrievmzt public brwi *o tfam the Field Office
nay be openbood no later than 48 boon after the request U received by GSA.
A. Space
1. After the FOSC has determined specific space requirement snd operttooal fccibty need* for the Field Office)*) snd other rtqiifed support lontjom, GSA mill
expedtbously arrange for the use of neh space, la order to provide GSA wdi docnaUioo to rapport ka catnchal obligations. the FOSC «iB provide to GSA, uttin 48 boon
of any verbal request, a written jmtificmiou for the wszc, type, approximate dursboa. and lociiL-^mw« Procedures Mannal. Neither the FOSC nor the FECM wifi request
imfkmeMke of the NSEP TAw—iProcedures, except m very moral circumstances. The FECM is attfhorized to act as a ill sin«ltithfe acgnsiition can no longer be justified. AC GSA cudiali
executed on FOSCs behalf wiD be jostified. All GSA comiacts exacted on FOSCk behalf sriH be m aooordanoe with the Federal and GSA aoqiasibon mdstiom and prooedures.
3. Pucimulabon. The FOSC will inrtimtr concurrence with any acquisition made by GSA for goods or servioes. Verbal inipwata for sach ai munskinma will be
followed by written concurrence midnn 72 boars. The FOSC will also provide GSA with proof of receipt of goods or services ordered by GSA on its behalf, lie proof of reoeipt
shall be signed by the FOSC or bu/ber atthorized represeatative.
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B. Coordination of CSA Services
1. To murr Ml CSA rapport to the FOSC and the afire Federal imIsUwIsih it involved in a specific emergency response effort ad avoid diylkmion of requests
for services, eqepmetl, or orieriali, the FOSC wiD request each supporting agency to 'n™* a logistics eoodinrtor if appropriate. All specific agency reqsremetis for logistical
rapport wiD be —*-»to the FOSC, through its logistics coordinator, tfaea to the OSA FESC.
Z To increase the effectiveness of GSAs response capability, RRT Co-Chairs wiD ensure thai GSA bradifttfn and CSA regional offices, as approprtoe, are invited
to participate with member* of the RET m and operational thai involve or on the GSA *rtns of responsibility. Such include, bit are
not Hnriifri to, |isissiig meetings, operational meetings, and post-emergency critiques. Copies of reports reflecting on the services of CSA m wqyut of agrwmcHs of this MOU
will be forwarded to the GSA Emergency Coordinator.
3. The agency providing the FOSC and GSA bindquaitiiii agree to work to resolve outstanding logistical support issues tfaai are referred to the Wi1i]ini1rri level.
It is expected thai the FOSC, the FESC or other appropriate regional agency officials and GSA regional officials wiD make every 'f* to resolve issues at the Field Office and
Regional Office levels prior to forwerdmg sucb issues to kalifailm for uuuhliut
4. FOSC wiD ¦ssiimi acceptability for all funature, office eqepsnei*, and other oyipwd and materials leased or remed by GSA for response mider the NCP.
The FOSC wffl assmne responsibility for the —iilfianct and repair of the aforemetfioued ofipujei* and faatatt. The FOSC must ensure tint a signed receipt is obtained for
sucb furaabve and equipment 1900 return to the vendor.
5. For the purpose of moatoring the authorized expenditures and faeSMiflg timely docunemtioB of procurement support records, the FOSC agrees to review
periodically «rith the FESC the order values placed mider BPAs.
C. Closing the Field Office
1. At the time the Field Office is established, the FOSC or bss/her ill s'njtiil represetftative wiD give the FESC and the FECM an estinste of how long the Field
Office wiD remain open, and wiD notify them m a timely maimer of any change m thi estimrte. The FOSC wiD provide written notice to the REC at least three workdays before
dosing the Field Office. Except as mdiatfed in VI.C.2 below, GSA siypml to the Federal emergency response wiD normally cease upon closure of the Field Office, at wfcicb time
all father logistical and financial siypml wiD be provided by the FOSC throqgfa its normal oyiistiug procedures. Any active oomractaal agreements and/or arrangemems for service
toquiied by the FOSC after the dosing of the Field Office will become the Ml in puns ibflity of the FOSC or other member agencies of the NRT, mi ess GSA is specifically
requested to provide coctfiinng services. GSA Federal S*ypty
Service siypml may oorthw umil completion of vtibatioo and donation actions, if any.
Z If a FECM aus activated to the initial installation of the «***¦¦*—»»"ibbi ntimia services, and it is tint some other NRT member agencies may
field operations after the FOSC has officially dosed its Field Office, the FECM will anange m advance for cortzsuatioa of couxmvacations support to the other agencies
once the FOSC has determined a dose out date. In tfcos siturtkm, the FOSC wiD provide ii asisnlili advance notice to the FECM before dosing the Field Office.
Bailing an explicit, written sgreemea* to the cottiaiy, the agency of the FOSC or GSA is
emergency after the Field Office has officially dosed.
vn. ADMINISTRATION
not responsible, for any costs associated with the operation of an office m the area of the
A. BiSing and Reimburvcmai
1. Direct BiDing. GSA wiD instruct aO vendors goods and services |———« to notfints executed by GSA on hrbalf of the FOSC and m accordance with
VIA.3 or VI.A.4 of this agreement to biD the FOSC directly. Unless the FOSC directs otherwise in specific cases, all sucb requests for rennbursemett should be sect
to the FOSCs Regional Office m the region where the emergency occurred. BiDs shodd be received by the FOSC not later than 60 days after the goods or services were delivered
and final bills shoidd be marked "FINAL." fnij prnrrrhrrra nr 1 mritinatinn ronaiilf rrd nrrrssaQ aill be agreed upon by GSA and the FOSC and applied uniformly to each agency's
respective regional offices to allow GSA to complete any colract administration reqiared.
Z GSA Reimbursemeii. For reimbursable expenses it mews m siypmting any activities covered by tins MOU, GSA wiD obtain reimburseme^ from the FOSC
throqgh the Department of the Treasury's On-Line ftiymcat and Collections System (OPAC). CSA wiD snbmk OPAC biDs quarterly and oomply wkh the provisions of 44 CFR,
Part 205, Subpart 1, Reimbursemem of Other Federal Agencies, to the eattc^ tfcal.they are applicable. GSA will also provide oopies of the billed work ambulation report or simBar
baefcap docmnetftfion to darify the OPAC charges. BiDs will specify the request for assistance to wfcicb they apply, and the bactay docm1.11 itsfimi will list items by object dass
and oost dcmei* and will indicate (a) previously billed, (b) carrel billing* and (c) cmndative amour* billed to dae.
3. Reporting. The agency providing the FOSC agwm to minimnr. any special "T^'T requirement for support provided by GSA. Any record keeping and reporting
luquiiuiKits tint are over and above those specified m 44 CFR, ftnt 205, Subpait I, wiD be "¦"** upon by GSA and the agency ptwiding the FOSC si the Is mlifilna lewd
and applied ¦sfmuily to each agency's respective 1 offices.
B. Audits. When requested to do so by the agency ptwidiag the FOSC the GSA Inspector General (IG) will, on « resmbunable basis, test uutiula med by GSA
m its HHing procedures and wiD audit selected bills tht GSA bas sderitted to the FOSC to determine whetkr they are property supported. The GSA 1G will consult with the
FOSCs agency on the fiminnions of the scope of each review, the selection of ootids to be tested, and the biDs to be audited. Audit icyuti wiD be provided to the FOSCs agency
IG for ndisi tf U distribution to appmmigc agencies sternal offioes.
DC. COORDINATION AND REVIEW
To ujiisi ongoing oumdiitioo and impfemettatkn of the MOU, the fcOowmg piuceduies wS be tiatoMitlwrf,
A. The rrsprwding member agencies of the RRT shaB meet, as required, after an minflwy operation to review the FOSC and GSA umdinlion and cooperation
at the regional and field levels and will provide iapct to the FOSC for mr fusion to the after notion report. Copies of the FOSC after action report shodd be submitted to the GSA
Emergency Coordmsior for bis review.
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B. The emergency coordimttor of the agency piuvidiMg die FOSC or other draignatM repreaeristive tad die GSA Emergency Comdiutfor lUl meet u nrrra—iy.
to review agreemem deacribed btruu and to contider cbange* and/or addition* and review recurring problem* identified m FOSC after action report*.
(D*e)
(Date)
RICHARD G. AUSTIN DON R.CLAY
ADMINISTRATOR ASSISTANT ADMINISTRATOR,
GENERAL SERVICES ADMINISTRATION OSWER.
ENVIRONMENTAL PROTECTION AGENCY
(D*e)
RADM ARTHUR E. HENN
OFFICE OF MARITIME SAFETY.
SECURITY & ENVIRONMENTAL PROTECTION
UNITED STATES COAST GUARD
* Docuneri Coped For Refereaoe Only *
N-9-4
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APPENDIX N-10
LETTER OF AGREEMENT
BETWEEN
U. S. ENVIRONMENTAL PROTECTION AGENCY - REGION IV
AND
U. S. COAST GUARD - SEVENTH DISTRICT
AND
STATE OF FLORIDA - DEPARTMENT OF ENVIRONMENTAL REGULATION
PURPOSE
The t—yoic of tfau Letter of Agreemez* u to provide pre~ccorakmioo and ooocmieace for the aathorizabon of KmiteJ we of dispersals sad other chemicals oa oil tpTb by
!¦ 11 ihaignaTiri USCG On-Sceae Coordinators.
AUTHORITY
SiApot H of the National OO and Hnardooi Suits ar.es Codtiageacy Pkn provide* tfari the On-Soeae Coordinstor nidi the ooacarrenoe of the USEPA icprtiattive to the Rcgioail
Rapoow Tern sad in uowifatfioo with the Sbtfet, may atfhorize the ase of dispersal** and other chemical* oa oil spiD*; provided, however, tfart sach disperau** and other
chemicals mart be oa the bit of accepted dispersaits prepared by USEPA. Commander, SevutfL Coast Goad Distiiit has |iii flrsi|jaifri the USCG of the Port toder
fan jurisdiction a» On-Soeae Coordinators for oil spiUs, and fan delegated totborky and responsibflky for "—"[J ***"'* nidi Section 311 of the Federal WUer Polhtioo Control Act
(FWPCA), n amended, to then. The Governor of the Swe of Florida fan drlrgMnd rwpc—tility sad ai*horky for deteiuimag proper mc and mage of di*persart* and other
chemical* for iwrtrol of oil spill* to the Depaxtmo* of Envfrotsaextal Regohmou. The USEPA fan been delegated aiihorky andcr Snfapart H of the Ntfioaal OQ and Hazardous
Sahstauiirs Cotimgeacy Plan to aothorize ase of dispereatfs and other chemical* for emtio! of oil spiUs, and, to list which dispersal** and other cbtuikal* which nay be used for
tin porpoK.
SCOPE
The USCG, USEPA and the State of Florida agree tfaat the physical removal of discharged or spilled oil from the voter sarfcee is the primary method of ccdrol, However, k
is abo thrt is some mstannra the physical naiaiiimeU. and collection of oil is mfeasible, and, the effective ase of dispenses or other chemicals most be considered to
»¦*"¦»* serious euvironmctfal damage or to prevetft loss of life. Therefore, tfas* Letter of AgreemeA sets criteria onder which dispersez** or other chemicals can be used
by USCG On-Sceae Coon&oton oa or m tulen off the coast of the State of Florida mftach are also within the boulariei of the Seveith Coast Gwd District.
PROTOCOLS
As —to by the signature* *et forth below, the USEPA aad the Sue of Florida agree with the USCG tfcat |m ilnifj^nl USCG On-Sceae Coordinator* have pre-approval
to ase £spenatfs oa oil discharges, n defined in the Nak»l OO aad Hazardous Substances Contingency Plan, m accordance with the fcOowag. The USEPA and the Sue of
Florida farther agree with the USCG thrt the decision to ase disperaH* or other chemicals within these guidelines read solely with the pii ilnignainl USCG Oo-Scene Coordinator,
and, tint no farther approval, concurrence or masuhalion on the part of the USCG or the USCG On-Scene Coordiador with USEPA or the Sbke of Florida is required. The USCG
agreea with the USEPA aad the State of Florida thrt if a decision is made to ase dispersals or other chemirals aader the provisions of tbss agreeme**, the USCG wiD imtncdislely
notify both USEPA aad the State of that decision. This notification wiD include. b<* is not to, the following information: (1) Type of disperaut or chemical to be used,
(2) Area affected, (3) Application rate and method of application. (4) Reason why mecfenmcal or physical removal of the oil is not feasible. (5) The projected area of impart of
the oil if the oil is not dispersed. (6) oa scene weather.
1. Dispereut* or other chemicals may be nsed on all discharges when their ase wiD save famaan life. The following additional conditions nimr risk to faanan life is not
a fcctor.
2. The aiMhority to ase disperaaik* or other chemicals on oil disc barges in accordance with this Agreemeiti* veated solely m the individual who is the pre^fcaigiated USCG
On-Soeae Coordinator. This authority may not be dekgked.
3. Dispersatts or other chemicals sbdl not be nsed in fresh meter.
4. Only disprrwufi or other chemicals which have been atxepted for ase by USEPA sbdl be ased.
5. The ase of disperssz** or other chemicals wiD be aathorized only after all methods of physical or mechanical removal have been foaad to be mfrariWr. or, dispersal
ase wiD peaiy the adverse envtronmetfal of the spiBed oil
6. The decision to ase dispersals or other chrmknl* shall be made only after oonsakiag the SHe of Florida 03 Spill ji inklirfcy Alks and the Sbtfe of Florida OO SptD
Disprrsa^ Adas to iaaore an enviroopqtaDy soand decision is made.
7. Dispersal** may be nsed m open waters tht are a least three miles from any shoreline where the water depth is a maaanaa of tweky meters (65 feet).
S. DispenaUs may be nsed m aearshore »oters gre*er thtf tee awters (32 feet) depth, where tte wimonk/araHmii vh>e» and the ase of disperse* fan a high probability
of prevertxag the oil disclnrgc. being stranded on the shoreline.
9. TV ase of dtsporwb or other chemicals shall be considered n an adjunctive oil spill *intr^ for aD major oil d»cfaafge (100,000 gaDoas or more) m auiat wa&ers.
10. Sinking agerta are not dispenaxH or chemicals. Use of snch agetfs is expressly prohibsted by tfass Agrteawk aad the National Oil and Hazardoos Snbstanura
Coekmgency Plan.
OTHER CONSIDERATIONS
1. Dispenaats or other chenacab shall not be nsed m, ***** **¦ itrn. itrn over rrffi. iattn ilisifilnl ai mialii |wisiihti sarin
over ma set y areas of mrtigmrwa atflii, species, «aen drsignatrd as Oikstandiag Florida Wken, wtfn m eaakri marches, or aaksn m —forests except wkh the prior
aad express atfhoraation of Ae State of Florida aad tfe USEPA.
2. Prior aad express approval of the Sbke of Florida and the USEPA is reqmred for ase of dispcrauts in nenrvhore areas where arformed as to the relative vahae
«£ At 1 tk> i conccrw canaot be made, aad, only when the tarhdi;^ mixing aad enrrat flow are suf&cieU. to rapidly dihke
the oM^eratt -****1"- to BHK*i.iya leveb.
AMENDMENTS
Tlss Letter of Agitcnek may be in whole or in part n is BkaSy agreeable to aD parties thereto.
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CANCELLATION
Tfcu Letter of Agroetnesl may be ca&celled m whole or m part* HBguhriy, by any party thereto.
IfSJl Join A. Lisle, Deptfy for
CterieaR. Jeter
Regional Admimitrator
U.S. Eaviraamettal Protecboo Agcocy
RepoalV
//D// 9/5/84
//S// Dkgibie
Victors Ttdnkd
Secntny, Florida Departure* of EavvaBDctfal Protection
l/DIt 9/12/84
ItS/l Ricbd P. Cveros
RichaH P. Coerod
Rear Admiral, U.S. Coaat Guard
Scvcudi Coaat Guard Dirtnct
//D// 9/17/84
* Doanol Copied For Reference Only •
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APPENDIX N-ll
MEMORANDUM OF AGREEMENT
BETWEEN THE
TENNESSEE VALLEY AUTHORITY
AND THE
U.S. ENVIRONMENTAL PROTECTION AGENCY
THIS MEMORANDUM OF AGREEMENT (MOA) is entered into between the Tennrnnr Valley Authority (TV A) under authority of the
Trnnnsnr Valley Authority Act of 1933, 16 U.S.C. SS 831-831dd (1982 A Supp. V 1987), and the United State* Environmental Protection
Agency (EPA) in accordance with the obligation* and authority delegated to it under variou* Federal pollution control law*.
WITNESSETH;
WHEREAS the combined expertise and effort* of TV A and EPA will assist in achieving their joint goals at a lower overall cost to
the United States and the public than if work were performed separately or through contracts with private organizations; and
WHEREAS TV A and EPA wish to extend the termination date of this MOA from December 14, 1989 to December 14, 1994, and
to make other minor change*; and
WHEREAS TV A and EPA with to incorporate the extended term and minor change* into the MOA and to reexecute it in its entirety
thereby reaffirming their commitment to the goals and provisions of the MOA;
NOW, THEREFORE, the parties agree as follows:
1.0 PURPOSE AND SCOPE
1.1 Purpose: This MOA set* forth the baric principle* and guideline* under which the partie* intend to cooperate in environmental program
areas including research, development, and demonstration projects; the exchange of ideas, information, and data; the utilization of laboratories,
equipment, and research facilities; emergency prepared net*; compliance reporting; environmental auditing; training and education; and other
effort* to further the advancement of knowledge in the general area of environmental policy, regulation, compliance, research, development,
and demonstration. The MOA e*tabli*he*: (1) the method for development, incorporation, and administration of various subagreement*; 9)
repotting requirements; (3) mechanism* for fund transfer and accountability; (4) procedures for publication and release of information; (5)
procedure* for modifying or terminating this MOA and/or any subagreements issued hereunder; and (6) procedures for determining rights to
inventions made in the course of, or under, the research, development, or demonstration work effected through this MOA.
1.2 Scone: This MOA deal* with environmental programs and does not involve other activities of EPA or TV A- The specific nature and detail!
of work hereunder will be defined and provided for in subagreement* executed in accordance with the provisions of thi* MOA.
2.0 SUBAGpraMFNTS
2.1 Definition: The tubagmwm iili issued under this MOA will be jointly developed by TV A and EPA. Tbe subagreements will identify the
lead party, the project objective(s), approach, use of the other party's facilities or personnel, eo*t(*) to each party, mileetooe*(»), approximate
duration, responsibilities of the parties, appropriatepatent provision*, and similar detailed information for each effort or set of efforts undertaken.
2 J Approval: Approval of subagreements require* the mutual agreement of TV A and EPA and i* subject to the availability of fund*. For
TV A, the Project Manager or Program Coordinator will negotiate the term* of individual subagreement* and obtain TVA approvals therefor in
accordance with existing TVA policy and procedure. -ppT""» FP* n*y»;,'*1hf tnT** of
(including funding), and obtain EPA approvals for them in accordance with existing EPA policy and procedure. Subagreemeots so approved
shall be subject to the terms and eoodition* of this MOA.
2 J Justification: In subagreemeots involving disbursement of funds, a strong justification must be included in tbe decision memorandum to
EPA't decisionmaking peraocnel which explains why the project is being included through this mechanism and not a contract or cooperative
agreement. One or more of the following hems should be explained in the justification: (1) the unique capability of the other patty that place*
it in a preeminent position; (2) the confidential nature of the work precludes u*e of other source*; (3) the continuation of a previous effort
performed by the other party that cannot be continued by other source*; (4) the other party ha* personnel who are considered the foremost experts
in fields necea*ary to perform the work; (5) the other party hat facilities, equipment, or data which are specialized or vital to the effort and which
no one else can provide; or (6) a situation exists where no other source provide* the good* or service* in the time allowed.
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3.0 ADMINISTRATION
3.1 TV A-EPA Administration Groans: To implement thi« cooperative agreement at policymaking, program coordination, and project operation
leveli, the following will be established by tfae patties at appropriate: (a) An Interagency Coordination Committee, (b) Project Managers, (c)
Program Coordinator^ and (d) Agency Coordinators.
3.1.1 Interagency CoofJii"*"" <7 r"1"'"**' An Interagency Coordination Committee will be established to provide executive-level interaction
and to function as a management board or informal board of directors in considering fiscal matters and program planning under this MOA.
This committee will be jointly chaired by the Agency Coordinators and will meet annually. Membership on the committee will be composed
of representatives from mutual interest areas from each party. The committee will have the authority to establish and direct subcommittees and
working groups to conduct specific activities necessary to cany out the following committee functions:
(1) Provide a coordination mechanism for exchanging appropriate budgets and programs and muhiyear plans of the two parties;
(2) Provide effective ways for technology transfer and exchange of data, information, and program results of mutual interest; and
(3) Arrange for cooperation and support in the conduct of-programs of mutual responsibility and interest.
3.1.2 Project Managers: Project Managers will be designated for all individual projects undertaken pursuant to this MOA. The Project
Managers will be responsible for the technical and managerial oversight of the projects.
3.1 J Program Coordinators: Program Coordinators may be established to develop, coordinate, and oversee projects to be undertaken in
program areas of mutual interest such as land, air, water, or waste. The Program Coordinator either shall oversee the activities of Project
Managers who are responsible for projects in selected program areas or shall act aa and be the Project Manager.
3.1.4 Agency ^ooptinton: Each party shall have an Agency Coordinator to provide the day-today coordination and liaiaon between the parties
during the implementation and performance of this MOA and to oversee the activities of their agencies' respective Project Managers and Program
Coordinators. For TVA, the Manager of the Environmental Quality Staff dull be the Agency Coordinator for all activities under this MOA.
For EPA, the Director of the Office of Federal Activities shall be responsible for administration of this MOA and the Regional Administrator
for the EPA Region in which activities under this MOA are proposed shall be the Agency Coordinator and shall be responsible for implementing
MOA activities in the region.
The Agency Coordinators shall have the following authority and responsibilities:
(1) To serve as the principal and official points of communication between the two parties relating to management and/or policy
matters for this MOA;
(2) To ensure that subagreetnents prepared for approval are in accordance with the terms and conditions of this MOA;
(3) Respecting each EPA Region, to ensure that a complete inventory list of all subagreements entered into under this MOA is
accurately and currently m»int.;n>rf The list should include the duration, funds transferred, contingent obligations, if any, reports,
and other relevant information for each subagreement; and
(4) To assist in the resolution of any dispute that may arise in the implementation of this MOA or any subagreemeot.
3 J Piogiani Planning and Bodcet Coordination: Each party desires to keep the other informed of its annual program and fiscal planning,
so that the environmental activities of both Tig reaeaich, development, and demonstration in areas of mutual interest are coordinated in
such a manner as to be complementary and to avoid unnecessary and counterproductive duplication of expenditure* in terms of monetary,
physical, and manpower resources. 'While each parly is responsible for its own annus! budget and program planning, the parties will consult
with each other and exchange information to tfae extent appropriate, including preliminary drafts of budgets and program planning documents,
so that each parly win know what the other is planning and budgeting for in areas of mirtiisl interest.
3 J St||tiy'"g PTTT"""J' TVA and EPA agree that it may be mutually beneficial in achieving the objectives of this MOA for personnel
of one patty to be stationed at facilities of die other party for a period of time.
Statiooed employees dull not be considered to be employees, agents, or representative* of tfae host patty, but diall remain for all purposes
employee* of their regular employers, which shall continue to be responsible for the employees' salary, benefits, and other couywiaation,
including aity relocation or per diem costs, in accordance with their employer's established policies and procedures. Employees stationed, and
security regulations of the host party.
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3.4
A. TV A Facilities:
(1) In the event EPA, its employed, agents, or contractors utilize TV A facilities or equipment in the performance of work covered
by a subagreement issued under this MOA, EPA will notify TVA's Program or Project Manager for the particular subagreemeat in
advance of each visit to the TV A facility and will furnish TV A a list of all personnel who personnel will be eavolved in the work.
(2) The installation of any equipment by EPA on TV A premises is at the sole risk of EPA, and TV A makes no representation as
to the condition or suitability of its facilities for the purpose(s) intended by EPA.
(3) As between TV A and EPA, EPA assumes full responsibility for any and all liability and claims arising out of or in any way
connected with the presence of its employees or agents on TVA facilities or with the actions or nonactions of its agents and employees
under this MOA and any subagreemeat.
(4) EPA agrees that its employees, contractors, or agents will conform to all applicable TVA hazard control and safety regulations
at TVA facilities.
(5) TVA assumes no liability to EPA, its agents, employees," or contractors, or any third person for any damages to, or theft of,
property or for personal injuries, including death, which might arise out of or in any way be connected with any activity undertaken
through thi« MOA or any related subagreemeat. h is expressly understood that EPA shall have no responsibility or liability for clsims
arising out of the sole negligence of TVA, or TVA's employees, contractors, or agents.
(6) The Federal Tort Claims Act (FTCA) is the exclusive remedy for tort claims against EPA and its employees. Under the FTC A,
EPA is not responsible for the negligence of its independent contractors. EPA agrees that its contractors who perfoim work under
the terms of this MOA or any related subagreemeots shall carry adequate liability insurance.
B. EPA Facilities:
(1) In the event TV A EPA facilities or equipment in the performance of work covered by a subagreement issued under this
MOA, TVA will notify EPA's Program or Project Manager for the particular subagreement in advance of each visit to the EPA
facilities and will furnish EPA a list of all personnel who will be involved in the work.
© The installation of any equipment by TVA on EPA facilities is at the sole risk of TVA, and EPA makes no wpirsmtation as to
the condition or suitability of its premises for the purpose(s) intended by TVA.
(3) As between EPA and TVA, TVA assumes full responsibility for any and all liability and rlaims arising out of or in any way
connected with the presence of its employees, contractors, or agents on EPA premises or with the actions or nonactions of its
employees, contractors, or agents under this MOA and any subagreemeat.
(4) TVA agrees that its employees, contractors, or agents will conform to all applicable EPA hazard control and safety regulations
at EPA facilities.
(5) EPA assume* no liability to TVA, its agents, employees, or contractors, or any third person for any damages to, or theft of,
property or for personal injuries, including death, which might arise out of or in any way be comncted with any activity undertaken
through this MOA or any related subagreemeots. b is expressly understood that TVA shall have no responsibility or liability for
rlaims arising out of the sole negligence of EPA, or EPA's employees, contractors, or ageots.
3JS ffnons: TVA and EPA expressly assent that by this MOA they make no promises to any other person; and nothing in this MOA
ritould be construed to give rise to a third-person claim in contract, tort, or otherwise. The parties expressly assent that no third person is an
intended beneficiary of this MOA and the benefits, if any, of this MOA are merely inridentsl with respect to third persons.
4.0 DURATION AND CHANGES
4.1 Term of Memorandum Annff*' The term of this MOA shall expire on December 14, 1994, except as otherwise renewed, modified,
or terminated in accordance with the provisions herein. Paragraphs 3.4 and 3.5 will remain in force even when the agreement is terminated
with respect to any activities conducted by the parties prior to termination.
4J Modifications: This MOA and any subagreement issued hereunder may be modified at any time by the mutual written agreement of TVA
and EPA, obtained in accordance with paragraphs 2.2 and 3.1.4.
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43 Termination: This MOA, or any subagreement issued hereunder, may be terminated by ninety (90) days' written notice, at any time, by
either party with or without cause; provided, however, that such notice and termination shall not relieve the party funding any wort: under any
such subagreement from hi obligations to reimbune the other party for costs or expenditures incurred by the nontetminating party in accordance
with an applicable subagreement prior to receipt of the termination notice. In the event of termination, the parties shall take reasonable steps
to preserve the work or results of any ongoing
5.0 DOCUMENTATION AND REPORTING REQUIREMENTS
5.1 Milestone Reports: Milestone reports shall be prepared for those milestones for which such a report has been specified in the
subagreement. The substance, format, and due date of this report shall be delineated in the subsgreement.
5J Btpnm- A final report shall be prepared for each subagreement (or for each distinct project within a subagreement where several
projects are activities included). A mutually suitable due date for final reports) dull be specified in each subagreemeot. The final report shall
contain all useful information acquired in the performance of the work accomplished and dull present all significant results with conclusions
and recommendations derived therefrom.
<¦0 PUBLICATION AND RELEASE OF INFORMATION
(.1 In General: Subject only to the conditions and restrictions set forth below, either party may publish or release information about any MOA
activities. Appropriate credit shall be given to the role of each agency in such information and reports.
(J Confident*"1 Pra|Mr*1*a'T liffrn"*™1- In order (1) to prevent the disclosure of information requested to be kept confidential or
proprietary by third parties or the parties or prohibited from disclosure by Federal law and (2) to protect possible patent and invention rights
of the parties or third persons, potentially sensitive information shall be reviewed by Project or Program Managers who shall seek advice of their
respective legal counsels as appropriate. The initial receiver of potentially sensitive information dull notify in writing the other party's Agency
Coordinator so that inadvertent disclosure will not be made by the other party or its agents. Each party shall use its best efforts to secure and
prevent the release of confidential or proprietary information consistent with its policies and procedures and Federal law; provided, however,
that each party may disclose such information to the other if necessary to conduct activities under this MOA or a subagreement. In no event
shall either party or their respective employees or agents be lisble to the other or any third party for the disclosure of any such information.
(J Popac- Copies of any publications prepared or contributed to by a party utilmng the results of research under a subagreement
and all press releases prepared by a party regarding this MOA or any subagreemeot will be forwarded to the other party for review prior to
public release or presentation.
tA tn Dissent: In the event the parties fail to agree as to the interpretation of research results, other party may publish its data and
conclusions, after due notice and forwarding of advance copies as provided in paragraph 6.3 hereof. In such instances, the party publishing such
differing viewpoints will duly credit the cooperation of the other party, but will assume full responsibility for any statements on which there is
a difference of opinion.
7.0 FUNDING AND ACCOUNTABILITY
7.1 Payments Under *¦"»»¦ Unless otherwise provided in individual subagreements, each party will fond its own projects. In the
event of joint funding of a projects), the amount and tinting of funding shall be as specified in the individual subagteemeots. Funding for
projects to be performed by one party at the .expense of (he other will be on a cost-ratmhuraable basis.
72 ^TTrlin?' I" event of jointly funded projects), or projects) performed by one party at the expense of the other party, the
expending party shall furnish the other such accounting information for funds expended as it routinely generates or requires of others. Upon
request, each party dial] furnish the other interim accounting information, as it routinely generate* or requires of others, for budget purposes.
Charges by the performing party will be on the bans of actual direct and indirect coat.
8.6 GENERAL PROVISIONS
8.1 Bnmoiuufittal Review: TV A and EPA will review each subagreement to determine how any activity may affect the environment. Where
preparation of any environmental impact statement or assessment is mutually agreed to be necessary, the lead party in accordance with its
procedures dull prepare any required document. Any costs to be borne by the nonlead party related to environmental reviews under this
paragraph shall be delineated in each interagency agreement and dull be considered expenditures for accounting purposes under provision 7.0.
8 2 Patents: h is recognized that TV A and EPA each have patent policies regarding the ownership of inventions, and the application of theee
policies will depend on the nature of the cooperative effort being undertaken including the source of funding and the relative importance of the
effort to the statutory obligations of TV A and EPA. Accordingly, appropriate patent provisions will be included in each specific subagreemeot
in a manner which takes into consideration each party's responsibilities.
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8J Capita) Equipment. Real Property, and Facilities: Each subagreement ifaall delineate where appropriate, the reqx>nsibie party, the
applicable procedure* and policies, and the final disposition for all capital equipment, real property, and facilities required to be purchased to
carry out the interagency agreement.
8.4 f fHIT"'1 No member of or delegate to Congress or Resident CommisstoQer, or any officer, employee, special Government
employee, or agent of TV A or EPA shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless
the agreement be made with a corporation for its general benefit or a unit of Government contracting for the public's general benefit, nor shall
EPA offer or give, directly or indirectly, to any officer, employee, special Government employee, or agency of TV A, any gift, gratuity, favor,
entertainment, loan, or any other thing of monetary value, except as provided in IB C.FJL s 1300.735-12 or-34. Breach of this provision shall
constitute a material breach of this agreement.
8 J5 Neither TV A nor EPA is in any way obligated to expend funds in excess of those authorized or available and determined by
each in its sole judgment to be sufficient to ftr*~^ any undertaking.
8 J6 Technical Assistance: TV A and EPA will provide advice and technical assistance as requested by the other as each determines in its sole
judgment that it is in a position to provide.
8.7 Agency: Neither TV A nor EPA will be deemed the agent for the other for any purpose unless otherwise expressly agreed in writing.
8.8 Permits: Unless otherwise specified in the subsgreement, the lead patty has responsibility for securing all applicable licenses, permits,
or approvals.
IN WITNESS WHEREOF, the patties have hereto subscribed their names as of the day and year written below.
U.S. ENVIRONMENTAL PROTECTION AGENCY TENNESSEE VALLEY AUTHORITY
//S//
IISII
William K. Reillv
Marvin Runvon
Administrator
Chairman
Dated: Jan 19, 1990
Dated: Jan 9, 1990
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