United States Office of 9200.5-153B
Environmental Protection Solid Waste and EPA540-R-97-005
Agency Emergency Response PB97-963209
December 1996
Superfund
Regional Integrated
Contingency Plan
Region VII
Iowa
Kansas
Missouri
Nebraska
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United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
9200.5-1 S3B
EPA/540/R-97/005
PB97-963209
December, 1996
Superfund
SEPA
REGIONAL INTEGRATED CONTINGENCY PLAN
REGION VII
Iowa
Nebraska
• Kansas City
Missouri
THIS DOCUMENT COMBINES
REQUIREMENTS FOR
REGION VII's
REGIONAL CONTINGENCY PLAN
INLAND AREA CONTINGENCY PLAN
FEDERAL RESPONSE PLAN; ESF 10 ANNEX
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U.S. EPA REGION VII
INTEGRATED
CONTINGENCY PLAN
United States
Environmental Protection Agency
Region VII
726 Minnesota Ave.
Kansas City, Kansas 66101
December, 1996
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UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY
REGION VII
INTEGRATED
CONTINGENCY PLAN
To Report Spills
Call:
National Response Center
(800) 424-8802
(24 Hours)
National Response Center
United States Coast Guard Headquarters
Washington, DC
Regional Response Centers:
United States Environmental Protection Agency
Region VII
Emergency Response & Removal Branch
726 Minnesota Ave.
Kansas City, KS 66101
Emergency Response 24-Hour Emergency Number
(913) 281-0991
United States Coast Guard
Eighth Coast Guard District Office
Hill Boggs Federal Building, Room 1328
501 Magazine
New Orleans, LA 70130-3396
Emergency Response 24-Hour Emergency Number
(504) 583-6225
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RETURN RECEIPT
The value of this document is limited by the fact that with the passage of time, certain
pages will become obsolete and therefore should be replaced. Also, new information will be
developed that will add to the usefulness of this contingency plan.
In order to keep your copy current, we will periodically add or revise pages and distribute
them to you. To indicate your interest in that effort, we ask that you mail us the following form.
This is to acknowledge receipt of a copy of the 1996USEPA Region VII Integrated
Contingency Plan. I would like to have revised material on this subject sent to me at the address
shown.
NAME:
TITLE:
AFFILIATION:
MAILING ADDRESS:
CITY: STATE: ZIP:
Please mail to: USEPA REGION VII
EMERGENCY RESPONSE & REMOVAL BRANCH
726 Minnesota Ave.
KANSAS CITY, KANSAS 66101
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Letter of Promulgation
In accordance with the provisions of Section 31l(j)(4)(c) of the Federal Water Pollution
Control Act (Commonly referred to as the "Clean Water Act" and cited herein as "CWA"), 33
U.S.C. Section 1321(j)(4)(c), this plan fulfills the statutory requirements for the Region VII Area
Contingency Plan (ACP). The functions of designating areas, appointing Area Committee
members, and reviewing and approving the ACP as part of this Regional Integrated Contingency
Plan (RICP) have been delegated by Executive Order 12777, October 22, 1991, to the
Administrator of the Environmental Protection Agency (EPA) for the inland zone. This area has
been designated as EPA Region VII (Iowa, Kansas, Missouri, and Nebraska) and the Area
Committee has been designated as Region VII Regional Response Team (RRT), responsible for
reviewing and developing the RICP under the guidance of Jim MacDonald, USEPA Region VII
On-Scene Coordinator (OSC).
Comments and recommendations regarding this plan are invited and should be addressed
to Jim MacDonald, OSC, U.S. Environmental Protection Agency, Region VII, 726 Minnesota
Ave., Kansas City, Kansas 66101. This plan will be kept under review; changes, additional
information, or corrections will be promulgated as necessary and will be consecutively
numbered.
Regional Administrator
U.S. Environmental Protection Agency
Region VII
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DISTRIBUTION
Copies of this plan and all amendments and changes will be distributed to the following:
EPA Chairman of the National Response Team (NRT) in Washington, D.C. for NRT
distribution; each of the member agencies of the Region VII Regional Response Team listed in
Appendix D of this plan; the U.S. Environmental Protection Agency (EPA/HQ) Emergency
Planning Branch; the National Response Center (NRC); and the State, Indian Tribal and Federal
Natural Resources Trustees.
A document control format will be used to allow revisions to be distributed on a revised
page by page basis. A record will be kept of the recipients of each plan for mailing of
subsequent revisions to the RICP (see next page).
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DISTRIBUTION LIST
RICP #
RECIPIENT NAME
ADDRESS
PHONE #
NOTE: This is a sample only; control records will be maintained by EPA Region VII.
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REVISION/UPDATE
USEPA Region VII Integrated Contingency Plan (RICP) shall be reviewed and updated
annually, by the 1 st of January. The plan shall be reviewed to ensure all information is current
by the Area Committee and submitted to all interested parties.
A document control system will be used to allow revision to be distributed on a revised
page by page basis. A record will be kept of the recipients of this RICP, based upon submittal of
Return Receipt, for mailing of subsequent revisions to this RICP.
NOTE: Any changes to the plan must be noted on the record of the changes page, which
follows.
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REVISIONS/ UPDATES
CHANGE
NUMBER
DATE
SECTION
PAGES
NOTES
Revision One
12/96
Preface
i-x
Replace Complete Section
Revision One
12/96
Regional Integrated Contingency Plan
1-56
Replace Complete Section
Revision One
12/96
Appendix A. 1 Fish and Wildlife and
Sensitive Environments Plan
1-24
plus
attachment
Replace Complete Section
Revision One
12/96
Appendix D. 1 SERCs
1
Replace Complete Section
Revision One
12/96
Appendix D.3 RRT Member List
1-6
Replace Complete Section
Revision One
12/96
Appendix D.5 Emergency Contacts
1-10
Replace Complete Section
Revision One
12/96
Federal Radiological Emergency
Response Plan
1-46
This Section is a New Annex
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REGION VII INTEGRATED CONTINGENCY PLAN
TABLE OF CONTENTS
Preface
Return Receipt
Letter of Promulgation
Distribution
Revision
Regional Integrated Contingency Plan
A. Introduction
B. Responsibilities and Organization for Response
C. Planning and Coordination Structure
D. Operational Response Phases for Oil Removal
E. Hazardous Substance Response
F. State and Local Involvement in Response
G. Trustees for Natural Resources
H. Participation by Other Persons
I. Administrative Record for Selection of Response Action
J. Chemical Countermeasures
Appendix A
1. Fish and Wildlife and Sensitive Environments Plan
2. Environmentally Sensitive Areas
3. Economically Sensitive Areas
4. Endangered or threatened Species
5. Metropolitan Statistical Areas
6. Wetlands
Appendix B
1.
2.
Appendix C
1.
2.
3.
4.
Appendix D
1.
2.
3.
4.
5.
Appendix E
Appendix F
Appendix G
Appendix H
Regulated Facilities
Regulated Pipelines
USCG Oil Spill Removal Organizations
EPA/USCG Response Boundaries
Other Removal Contractors
EPA Response Teams and Equipment
SERCs
LEPCs
RRT Member List
Area Committee
Emergency Contacts
Fund Reimbursement (NPFC)
Regional Spill History
National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
Federal Response Plan Emergency Support Function 10
Annex I USCG/EPA MOU
ix
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Annex II Federal Radiological Response Plan
Annex III Unified Command System
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REGION VII INTEGRATED CONTINGENCY PLAN
TABLE OF CONTENTS
Subpart A. - INTRODUCTION 1
300.1 Purpose and Objectives 1
300.2 Authority and Applicability 1
300.3 Scope 2
300.4 Abbreviations 3
300.5 Definitions 6
Subpart B. - RESPONSIBILITY AND ORGANIZATION FOR RESPONSE 7
300.100 Duties of President Delegated to Federal Agencies 7
300.105 General Organization Concepts 7
300.110 National Response Team 8
300.120 On-Scene Coordinators - General Responsibilities 11
300.125 Notification and Communications 12
300.130 Determinations to Initiate Response and Special Conditions 12
300.135 Response Operations 13
300.140 Multi-Area Responses 18
300.145 Special Teams and Other Assistance Available to OSCs 18
300.150 Worker Health and Safety 19
300.155 Public Information and Community Relations 19
300.160 Documentation and Cost Recovery 20
300.165 OSC Reports 20
300.170 Federal Agency Participation 20
300.175 Assistance by Federal Agencies 21
300.180 State and Local Participation in Response 22
300.185 Non-governmental Participation 25
Subpart C. PLANNING AND PREPAREDNESS .27
300.200 General 27
300.205 Planning and Coordination Structure 27
300.210 Federal Contingency Plans 28
300.211 Facility Response Plans 34
300.212 Area Response Drills .34
300.215 EPCRA local emergency response plans 34
SUBPART D. OPERATIONAL RESPONSE PHASES FOR OIL REMOVAL 35
300.300 Discovery and Notification 35
300.305 Preliminary Assessment and Initiation of Action 35
300.310 Containment, Countermeasures, Control and Disposal 36
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300.305 Preliminary Assessment and Initiation of Action 35
300.310 Containment, Countermeasures, Control and Disposal 36
300.317 National Response Priorities 37
300.320 General Pattern of Response 37
300.322 Response to substantial threats to public health or welfare of the United States
40
300.323 Spills of national significance 40
300.335 Funding 40
SUBPART E. HAZARDOUS SUBSTANCE RESPONSE 43
300.400 General 43
300.405 Discovery and Notification 43
300.410 Removal Site Evaluation 43
300.415 Removal Actions 44
SUBPART F. STATE AND LOCAL INVOLVEMENT IN HAZARDOUS SUBSTANCE
RESPONSE 46
300.500 General 46
300.505 EPA/State/Local MOA ( MOU) 46
300.515 Requirements for State Involvement in Remedial and Enforcement Responses
46
300.520 State Involvement in EPA/USCG-lead Enforcement Negotiations 46
SUBPART G. TRUSTEES FOR NATURAL RESOURCES 48
300.600 Designation of Federal Trustees 49
300.605 State Trustees 50
300.610 Indian Tribes 50
300.615 Function of Trustees: 51
SUBPART H PARTICIPATION BY OTHER PERSONS 52
300.700 Activities by Other Persons 52
SUBPART I ADMINISTRATIVE RECORD FOR SELECTION OF RESPONSE ACTION
54
SUBPART J CHEMICAL COUNTERMEASURES 55
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REGION VII INTEGRATED CONTINGENCY PLAN
page 1
Subpart A. - INTRODUCTION
300.1 Purpose and Objectives
This plan provides for a pattern of coordinated and integrated response by departments and
agencies of the Federal government to protect the environment from damaging effects of pollution.
It provides for timely and effective coordination and direction of Federal, state, and local response
systems and supports the development of capabilty by local government and the private sector to
handle such incidents. This plan provides the organizational structure and objectives necessary to
prepare for and respond to a discharge of oil or release of hazardous substances, pollutants, and
contaminants.
This Region VII Integrated Contingency Plan (RICP) fulfills the requirements of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP) for both Regional Contingency Plans
(RCPs) and Area Contingency Plans (ACPs), as well as relevant portions of the Federal Response
Plan (FRP), particularly Emergency Support Function #10 Hazardous Materials (ESF # 10). The
RICP implements the NCP and the ESF #10 component of the FRP at the regional level and is the
chief working document of the Regional Response Team (RRT), the Area Committee (AC), and ESF
#10. The RRT also has been appointed by the EPA Regional Administrator (RA) to serve as the AC
for the development of the Region VII RICP.
300.2 Authority and Applicability
The NCP is required by Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, [42 U.S.C. 9605], as amended by the
Superfund Amendments and Reauthorization Act (SARA) of 1986, [Public Law (P.L.) 99-499], and
by Section 311 of the Clean Water Act (CWA), [33 U.S.C. 13219(d)], as amended by the Oil
Pollution Act of 1990 (OPA), [P.L. 101-380]. The President delegated to the Environmental
Protection Agency (EPA) the responsibility for the amendments of the NCP (40 CFR part 300). The
ESF 10 components of this plan are required by the Robert T. Stafford Disaster Relief and
Emergency Act (Public Law 93-288), as amended.
The NCP [(Section 300.210 (b)] calls for the establishment of a nationwide system of RCPs based
on standard Federal regions. This plan is part of that system and encompasses Standard Federal
Region VII, which includes the states of Iowa, Kansas, Missouri, and Nebraska. This plan is
applicable to response operations taken by all Federal agencies within Standard Federal Region VII,
pursuant to the authorities under CERCLA and Section 311 of the CWA, as amended.
REVISION ONE 12/96
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REGION VII INTEGRATED CONTINGENCY PLAN
page 2
This plan follows the format of the NCP and was developed to be implemented in conjunction
with applicable sub-area plans, state emergency response plans and SARA Title III local emergency
plans. Local plans include data on vulnerable resources, potential pollution sources, cleanup
equipment, environmental features and other information that will allow an on-scene coordinator
(OSC) quickly to plan and organize a response to a pollution incident.
300.3 Scope
A. This RICP applies to and is in effect for:
Discharges oil into or on the navigable waters, on the adjoining shorelines to the navigable
waters, into or on the waters of the exclusive economic zone, or that may affect natural resources
belonging to, appertaining to, or under the exclusive management authority of the United States; and
Discharges or releases into the environment of hazardous substances, and pollutants or
contaminants which may present an imminent and substantial danger to public health or welfare.
B. Geographic Description and Jurisdictional Guidance
The geographic scope of this RICP is USEPA Region VII, which encompasses the states of Iowa,
Kansas, Missouri and Nebraska. Detailed descriptions of areas of special environmental and
economic concern can be found in Appendices A.2 and A.3, Environmentally and Economically
Sensitive Areas. Overall, the responsibility to provide On-Scene Coordinators (OSCs) for incidents
or potential incidents is placed upon the EPA, United States Coast Guard (USCG) and Department
of Defense (DOD). The DOD will provide an OSC for all DOD-related incidents and for all non-
DOD-related incidents occurring on DOD property within Federal Region VII, as outlined in 40
C.F.R. § 300.175(b)(4). All other real or potential incidents will be responded to by OSCs provided
by either the EPA or the USCG. Appendix C.3 shows the EPA regional boundaries for Region VII.
The NCP applies to and is in effect when the FRP and some or all of its Emergency Support
Functions (ESF's) are activated. The EPA is the primary agency for ESF #10, Hazardous Materials
under the FRP, for Public Law 93-288, as amended.
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REGION VII INTEGRATED CONTINGENCY PLAN
page 3
C, Plan Integration
The RICP and sub-area plans, discussed later in this document, expand upon the requirements set
forth in the NCP, augment Federal coordination with State and local authorities, and facilitate
integration of existing State, local, and private-sector plans for the four-state area. Coordination
between the EPA and USCG is ensured because the USCG District Commander is the co-chair of
the RRT, and the RRT aids in Area planning and coordination for Region VII. This integration is
further strengthened through State involvement in both RICP and sub-area planning. All Federal
contingency plans are to be coordinated and integrated with local emergency response plans
developed by Local Emergency Planning Committees (LEPCs). The Region V and Region VII RRTs
have designated the Upper Mississippi River Hazardous Spills Coordination Group as the
organization to coordinate joint planning and response between the regions along the Mississippi
River. The Upper Mississippi River Spill Response Plan and Resource Manual is included in Annex
IV.
Facility Response Plans, as defined by Section 31 l(j)(5)(A) of the CWA, 33 U.S.C. §
1321(j)(5)(A), shall be reviewed for approval and consistency with this RICP. During a response,
the OSC shall meet with the other responding parties to coordinate and integrate this RICP with all
other relevant plans including, but not limited to, Federal, State, local, tribal, and private plans. The
RRT/AC will continuously review the effectiveness and integration of all plans based on actual
response experiences, exercises, and all other relevant information that will lead to enhancement of
these plans.
300.4 Abbreviations
Federal Department and Agency Title Abbreviations:
ATSDR - Agency for Toxic Substances and Disease Registry
DOC - Department of Commerce
DOD - Department of Defense
DOE - Department of Energy
DOI - Department of the Interior
USFWS - United States Fish and Wildlife Service
NPS - National Park Service
BIA - Bureau of Indian Affairs
USGS - United States Geological Survey
BLM - Bureau of Land Management
BuRec - Bureau of Reclamation
DOJ - Department of Justice
DOL - Department of Labor
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REGION VII INTEGRATED CONTINGENCY PLAN
page 4
DOS - Department of State
DOT - Department of Transportation
OPS - Office of Pipeline Safety
RSPA - Research and Special Programs Administration
USCG - United States Coast Guard
AST- Atlantic Strike Team
GST - Gulf Strike Team
PST - Pacific Strike Team
COTP - Captain of the Port
MSO - Marine Safety Office
MSD - Marine Safety Detachment
EPA - Environmental Protection Agency
EPIC - Environmental Photographic Interpretation Center
EERU - Environmental Emergency Response Unit
ERCS - Emergency Response Cleanup Services Contract
START - Superfund Technical Assessment and Response Team
FEMA - Federal Emergency Management Agency
FHWA - Federal Highway Administration
GSA - General Services Administration
HHS - Department of Health and Human Services
NIOSH - National Institute for Occupational Safety and Health
NOAA - National Oceanic and Atmospheric Administration
USD A - United States Department of Agriculture
NRCS - Natural Resources Conservation Service
(Note: Reference is made in the NCP to both the Nuclear Regulatory Commission and the
National Response Center. To avoid confusion, the NCP and this RICP will spell out Nuclear
Regulatory Commission and use the abbreviation "NRC" only with respect to the National Response
Center.)
State Abbreviations;
IDNR - Iowa Department of Natural Resources
KDHE - Kansas Department of Health and Environment
MDNR - Missouri Department of Natural Resources
NDEQ - Nebraska Department of Environmental Quality
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REGION VII INTEGRATED CONTINGENCY PLAN
page 5
Other abbreviations used throughout this document include the following:
AC - Area Committee
ACP - Area Contingency Plan
ARARs - Applicable or Relevant and Appropriate Requirements
BOA - Basic Ordering Agreement
CAMEO - Computer-Aided Management of Emergency Operations (a software program)
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act
CHEMTREC - Chemical Transportation Emergency Center
CHRIS - Chemical Hazard Response Information Center
CRC - Community Relations Coordinator
CRP - Community Relations Plan
CWA - Clean Water Act (Federal Water Pollution Control Act)
DRAT - District Response Advisory Team (USCG)
EPCRA - Emergency Planning and Community Right-To-Know Act (SARA Title III)
ERT - Environmental Response Team
ESA - Environmentally Sensitive Area
ESF - Emergency Support Function
FLAT - Federal Lead Administrative Trustee
FRP - Federal Response Plan
FOSC - Federal On-Scene Coordinator
FWPCA - Federal Water Pollution Control Act
GIS - Geographic Information System
HAZMAT - Hazardous Materials
IAG - Interagency Agreement
ICS - Incident Command System
LEPC - Local Emergency Planning Committee
LOSC - Local On-Scene Coordinator
MOU - Memorandum of Understanding
NCP - National Oil and Hazardous Substances Pollution Contingency Plan
NPFC - National Pollution Funds Center
NRC - National Response Center
NRT - National Response Team
NSF - National Strike Force
O&M - Operation and Maintenance
OHMTADS - Oil & Hazardous Materials Technical Assistance Data System (EPA)
OSC - On-Scene Coordinator
OSLTF - Oil Spill Liability Trust Fund
PI AT - Public Information Assist Team
POLREP - Pollution Report in Message Format
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REGION VII INTEGRATED CONTINGENCY P! \N
page 6
PREP - National Preparedness for Response Exercise Program
PRP - Potentially Responsible Party
RA - Regional Administrator
RAT - Radiological Assistance Team
R&D - Research and Development
RCP - Regional Contingency Plan
RICP - Regional Integrated Contingency Plan
RP - Responsible Party
RRC - Regional Response Center
RRT - Regional Response Team
SAC - Support Agency Coordinator
SACP - Sub-Area Contingency Plan
SARA - Superfund Amendments and Reauthorization Act of 1986
SERC - State Emergency Response Commission
SKIM - Spill Cleanup Inventory System
SOSC - State On-Scene Coordinator
SSC - Scientific Support Coordinator
WCD - Worst-Case Discharge
(Note: Reference is made in this RICP to both Federal Response Plan and Facility Response
Plans. To avoid confusion, the RICP will spell out Facility Response Plan and use the abbreviation
"FRP" only with respect to the Federal Response Plan.)
300.5 Definitions
Terms used herein are defined in Section 300.5 of the NCP, 40 C.F.R. § 300.5, ("Definitions"),
Section 311 (a) of the CWA 33 U.S.C. § 1321(a) and OPA 90 ("Definitions"), 33 U.S.C. § 2701,
P,L. 93-288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and the
regulations promulgated thereunder.
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page 7
Subpart B. - RESPONSIBILITY AND ORGANIZATION FOR RESPONSE
300.100 Duties of President Delegated to Federal Agencies
In Executive Orders 12580 and 12777, the President delegated certain functions and
responsibilities vested in him by the CWA, CERCLA, and OPA to the Administrator of the EPA for
the inland zone and the commandant of the USCG through the Secretary of Transportation for the
coastal zone. These functions and responsibilities include designating Areas, appointing AC
members, determining the information to be included in ACPs, and reviewing and approving ACPs.
The EPA shall assign a Federal on-scene coordinator (FOSC) to each inland zone Area to carry out
these functions and responsibilities,
300.105 General Organization Concepts
A listing of Federal agencies, responsibilities, functions and resources is addressed in 300,170
and 300.175. Federal agencies should plan for emergencies and develop procedures for dealing with
oil discharges and releases of hazardous substances, pollutants or contaminants. Agencies should
coordinate their planning, preparedness, and response activities with one another, and with affected
States, local governments and private entities.
Three fundamental activities are performed pursuant to the NCP:
1. Preparedness, planning, and coordination for response to a discharge of oil or release of
hazardous substance, pollutant or contaminant.
2. Notification and communications.
3. Response operations at the scene of a discharge or release.
Unified Command System (UCS)
The Unified Command System (UCS) is proposed to be implemented among EPA Region VII,
State, and local government organizations, and the responsible party (RP). Under UCS, appropriate
on-scene officials of each agency shall participate in the coordination of the decision-making process
during the response. The UCS allows for a coordinated response effort, helps to ensure a
coordinated, effective response is carried out, and assures that the particular needs of all parties
involved are taken into consideration. The FOSC has the ultimate authority in a response operation
and will exert that authority if the other members of the unified command are absent or are unable
to reach a consensus within a reasonable time.
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During responses to a oil discharges or a hazardous substances releases, local agencies may
provide agency representatives who would become a part of the Unified Command System,
300.110 National Response Team
National planning and coordination are accomplished through the NRT. The NRT consists of
representatives from the USCG, EPA, Federal Emergency Management Agency (FEMA),
Department of Defense (DOD), Department of Energy (DOE), U.S. Department of Agriculture
(USDA), Department of Commerce (DOC), Department of Health and Human Services (HHS),
Department of Interior (DOI), Department of Justice (DOJ), Department of Labor (DOL),
Department of Transportation (DOT), Department of State (DOS), General Services Administration
(GSA), and the Nuclear Regulatory Commission.
300.115 Regional Response Team
The Regional Response Team (RRT) is responsible for regional planning and preparedness
activities before response actions, and for providing advice and support to the OSC or Remedial
Project Manager (RPM) when activated during a response. Region VII RRT membership consists
of a designated representative from each Federal agency participating in the NRT, with
representatives from each of the four States: Iowa, Kansas, Missouri, and Nebraska.
The two principal components of the RRT mechanism are a standing team, which consists of
designated representatives from each participating Federal agency and State governments; and
incident-specific teams formed from the standing team when the RRT is activated for a response.
A. Standing RRT.
The standing RRT serves as the regional body for planning and preparedness actions before a
response action is taken. Except for periods of activation for an incident-specific response action,
the representatives of EPA and USCG shall act as co-chairs. The chair for periods of response action
will be provided by the agency providing the OSC for the response operation. A listing of the RRT
representatives can be found in Appendix D.3.
The standing RRT should:
(1) continuously review regional and local responses to discharges or releases, consider available
legal remedies, equipment readiness, and coordinate between responsible public agencies and private
organizations,
(2) based on observations of response operations, recommend revisions of the National
Contingency Plan to the NRT,
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REGION VII INTEGRATED CONTINGENCY PLAN
page 9
(3) consider and recommend necessary changes to the RCP and ACP based on continuing review
of response actions in the region,
(4) be prepared to provide response resources to major discharges or releases outside the region,
(5) meet at least semiannually to review response actions carried out during the preceding period,
and consider changes in Federal regional, area, and local contingency plans,
(6) provide reports on the RRT activities to the NRT twice a year, by January 31 and July 31.
Reports will summarize recent activities, organizational changes, operational concerns, and efforts
to improve State and local preparedness,
(7) review local emergency response plans at the request of the LEPC,
(8) encourage State and local response communities to improve their preparedness for response.
Conduct or participate in training and exercises to encourage preparedness activities of the response
community in the region,
(9) in its capacity as the Area Committee, conduct advance planning for the use of dispersants,
surface washing agents, surface collection agents, burning agents, bioremediation agents, or other
chemical agents in accordance with Subpart J of the NCP, and
(10) work to maximize participation in the national program for announced and unannounced
exercises.
Area planning and coordination of preparedness and response actions are accomplished through
the Area Committee. The Regional Administrator (RA) has appointed the RRT as the Area
Committee for Region VII.
B. Incident-Specific RRT.
Incident specific RRTs will be activated as necessary for response operations tailored to the
geographic location and nature of the incident. The RRT will be activated during any discharge
or release upon a request from the OSC or RPM, or any RRT representative to the Co-Chairs
of the RRT. The EPA or USCG will activate incident-specific RRTs for releases from DOD vessels
or facilities only at the specific request of DOE or the DOD agency involved. Local requests for
RRT activation must be made through the affected State's RRT member. Requests for RRT
activation will later be confirmed in writing.
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The role of the incident-specific team is determined by the operational requirements of the
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 for the incident, to determine the appropriate level of RRT member
activation. Member agencies and States participating with the RRT should take care to ensure that
designated representatives or alternates can function as resource personnel for the OSC during
incident-specific events.
When activated, RRT members may be requested to:
1. Provide advice and recommend courses of action for consideration by the OSC;
2. Advise the OSC on the duration and extent of Federal response and recommend to the OSC
specific actions to respond to a discharge or release;
3. Request other Federal, State, or local government, or private agencies to provide resources
under their existing authorities to respond to a discharge or release or to monitor response operations;
4. Monitor and evaluate reports from the OSC;
5. Recommend, if circumstances warrant, to the RRT Chair that a different OSC should be
designated;
6. Ensure continual communications.
The incident-specific RRT may be activated by the Chair when a discharge or release:
1. Exceeds the response capabilities available to the OSC at the incident location;
2. Transects State or regional boundaries;
3. Poses a substantial threat to public health, welfare or to the environment, or significant
amounts of property.
Activation for assembly may be either by telephone or physical co-location. Partial activation
may also occur where the OSC or RRT Chair deems it appropriate.
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1, Partial. Notice to selected RRT members that their services are required in response to a
pollution incident. The activation notice will specify the services requested and the services that will
• be required. Although the services of only selected members are being requested, partial activation
will be documented in a pollution report (POLREP) which will be distributed to all RRT members.
The initial activation notice may be provided by telephone, but will be confirmed in writing,
2. Full- Notice to all RRT members (except non-affected State representatives) that their
services are requested in response to a pollution incident. The activation notice will specify the
services requested from each RRT member. The initial activation notice may be provided by
telephone, but will be confirmed in writing.
When the RRT is assembled, it will meet at a time and location specified by the Chair. The RRT
can be deactivated by the Chair, when the Chair determines that the OSC no longer requires RRT
assistance. The time of deactivation will be included in a pollution report (POLREP).
300,120 On-Scene Coordinators - General Responsibilities
The OSC directs response efforts and coordinates all other efforts at the scene of a discharge or
release in accordance with the NCP, RICP, State and local plans. As part of the planning and
preparedness for response, OSCs shall be predesignated by the EPA Region VII Regional
Administrator (RA) or the USCG, Eighth District, per EPA/USCG MOU for predetermined OSC
designation. DOD and DOE shall designate an OSC as stated in the NCP part 300.120 paragraphs
(c) and (d). Other Federal agencies are responsible for non-emereencv removals, as stated in the
NCP part 300.120 (c)(2).
The OSC is responsible for overseeing development of the ACP in the area of the OSC's
responsibility. ACPs shall, as appropriate, be accomplished in cooperation with the RRT, and
designated State and local representatives. In contingency planning and response incidents, the OSC
coordinates, directs, and reviews the work of other agencies, Area Committee, States, responsible
parties, and contractors to assure compliance with the NCP and RICP, decision document, consent
decree, administrative order, and lead agency-approved plans applicable to the response.
The OSC should ensure that any person designated to act as an on-scene representative is
adequately trained and prepared to carry out actions under the NCP, RICP, and applicable SACP to
the extent practicable. OSC responsibilities are further described in Section 300.135 of this RICP.
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300.125 Notification and Communications
The National Response Center (NRC) is the national communications center for handling
activities related to response actions. The NRC acts as the single point of contact for all pollution
incident reporting. Notice of an oil discharge or release of a hazardous substance in an amount equal
to or greater than the reportable quantity must be made immediately in accordance with the CWA
and CERCLA under 33 C.F.R. Part 153, Subpart B, and 40 C.F.R. part 302, respectively.
Notification shall be made to the NRC Duty Officer, HQ USCG, Washington, D.C. [telephone (800)
424-8802 or (202) 267-2675]. All notices of discharges or releases received at the NRC will be
relayed immediately by telephone to the appropriate predesignated FOSC.
The Regional Response Center (RRC) is the regional site for notification, communication, and
interagency coordination during a pollution incident. The RRC will be at the appropriate Coast
Guard District office when an incident occurs within its jurisdiction. The RRC is in the EPA
Regional Office when an incident occurs in all other areas of Region VII.
The EPA RRC will coordinate with the predesignated OSC and will coordinate communication,
information, limited supplies and equipment, and other personnel and facilities necessary to allow
proper function and administration of this plan during a response to an oil discharge or a hazardous
substance release. EPA uses Incident Notification Reports for oil spills and hazardous substance
releases. The affected State and tribe, if appropriate, as well as trustees for natural resources, will
be notified of all spills.
In addition, facilities may be required to report releases of specified hazardous substances to the
State Emergency Response Commission (SERC) and the Local Emergency Planning Committee
(LEPC) under Section 304 of the Emergency Planning and Community Right-To-Know Act
(EPCRA), 42 U.S.C. § 11004.
300.130 Determinations to Initiate Response and Special Conditions
The President shall, in accordance with the NCP and any appropriate ACP (in Region VII, this
RICP), ensure effective and immediate removal of a discharge, and mitigation or prevention of a
substantial threat of a discharge of oil or release of hazardous substance [33 U.S.C. § 1321(c)]. In
carrying out this mandate, the President may direct or monitor all Federal, State, and private actions
to remove a discharge. The NCP authorizes EPA or the USCG to act for the United States to take
response measures deemed necessary to protect public health or welfare or the environment from
discharges of oil or releases of hazardous substances, pollutants, or contaminants except with respect
to such releases on or from vessels or facilities under the jurisdiction, custody, or control of other
Federal agencies [40 C.F.R. § 300.130]. The assigned FOSC may initiate a response. Upon
approval by the FOSC, State or local governments may initiate a government response.
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In the event of a declaration of a major disaster by the President, FEMA may activate the Federal
Response Plan (FRP). A Federal Coordinating Officer (FCO), designated by the President, may
implement the FRP and coordinate and direct emergency assistance and disaster relief of impacted
individuals, business and public services under the Stafford Act. Delivery of Federal assistance is
facilitated through 12 functional annexes to the FRP known as Emergency Support Functions. EPA
coordinates activities under ESF #10—Hazardous Materials, which addresses preparedness and
response to hazardous materials and oil incidents caused by a natural disaster or other catastrophic
event. In such cases, the OSC should coordinate response activities with the FCO, through the
incident-specific ESF #10 Chair, to ensure consistency and coordination with Federal disaster
assistance activities.
300.135 Response Operations
To the extent practicable, response operations shall be consistent with Federal, State, and local
plans, including this RICP, SACP, and Facility Response Plans. The NRC is the national
communications center for activities related to pollution response actions. It is at USCG
Headquarters in Washington, D.C. The NRC receives and provides computer-developed spill
dispersion forecasts for spills, disseminates OSC and RRT reports to the NRT when appropriate, and
when required provides facilities for the NRT to use in coordination of a national response action.
The NRC also maintains tele-conferencing capability, as well as a technical library on oil and
hazardous substances and can evaluate chemical discharge hazards.
The Regional Response Center (RRC) is the regional site for notification, communication, and
interagency coordination during a pollution incident. The RRC will be at the appropriate Coast
Guard district office when an incident occurs within its jurisdictional area. The RRC will be in the
EPA Regional Office when an incident occurs in all other areas of Region VII.
The EPA Region VII RRC, located at 726 Minnesota Ave., Kansas City, Kansas 66101, will
provide a predesignated OSC and will coordinate communication, information, limited supplies and
equipment, and other personnel and facilities necessary to allow proper functioning and
administration of this plan. The State, as well as trustees for natural resources, will be promptly
notified of discharges or releases.
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EPA Region VII and the USCG 8th District, are responsible for responding to incidents, and EPA
will provide predesignated OSCs to all pollution response activities in the inland zone. However,
DOD and DOE shall designate OSCs for releases of hazardous substances, pollutants, or
contaminants from DOE and DOD facilities and vessels. The EPA will provide OSCs for all CWA
discharges and non-DOD CERCLA releases unless otherwise agreed. In certain instances, the
USCG may act as the lead agency for actual or threatened pollution incidents involving commercial
vessels or marine transportation-related facilities. The areas of responsibility have been established
by a joint EPA and USCG Memorandum of Understanding (MOU). This memorandum is contained
in Annex I.
On-Scene Coordinators - Specific Responsibilities
The OSC shall direct response efforts and coordinate all other efforts at the scene of a discharge
or release. As part of the planning and preparations for response, the OSCs are predesignated by the
Regional or district head of the lead agency.
The OSC shall, to the extent practicable, collect pertinent facts about the discharge or release,
such as its source and cause; the identification of potentially responsible parties; the nature, amount,
and location of discharged or released materials; the probable direction and time of travel of the
discharged or released materials; the pathways to human and environmental exposure; the potential
impact on human health, welfare, and safety and the environment; the potential impact on natural
resources and property that may be affected; priorities for protecting human health and welfare and
the environment; and appropriate cost documentation.
The OSCs efforts shall be coordinated with other appropriate Federal, State, local, and private
response agencies. OSCs may designate capable persons from Federal, State, or local agencies to
act as their on-scene representatives. State and local governments, however, are not authorized to
take actions under Subparts D and E of the NCP that involve expenditures of CWA section 311 (k)
or CERCLA funds unless an appropriate contract or cooperative agreement has been established.
The OSC should consult regularly with the RRT in carrying out the NCP and this RICP and keep
the RRT informed of activities under the NCP and this RICP. The OSC shall advise the support
agency as promptly as possible of reported releases.
During a natural disaster response under the FRP, the OSC should evaluate incoming information
and immediately inform the FCO or the appropriate representative of potentially significant
developments involving hazardous materials.
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The OSC is responsible for addressing worker health and safety concerns at a response scene in
accordance with the NCP. In those instances where a possible public health emergency exists, the
OSC should notify the Department of Health and Human Services (HHS) representative to the RRT.
Throughout response actions, the OSC may call upon the HHS representative for assistance in
determining public health threats and call upon the Occupational Safety and Health Administration
(OSHA) and HHS for advice on worker health and safety problems.
The OSC shall promptly notify the appropriate trustees for natural resources of discharges or
releases that are injuring or may injure natural resources under their jurisdiction. The OSC shall
consult with and coordinate all response activities with the natural resource trustees and natural
resource managers.
When the OSC becomes aware that a discharge or release may adversely affect any endangered
or threatened species, or result in destruction or adverse modification of the habitat of such species,
the OSC should consult with the Department of the Interior (DOI) (see Section 305(3) and the Fish
and Wildlife Sensitive Environments Annex (FWSEA).
In the event that the OSC is not the first to arrive at the scene, the first qualified Federal official
assocciated with an RRT member agency to arrive at the scene of a discharge or release should
coordinate activities under this RICP and is authorized to initiate, in consultation with the OSC, any
necessary actions normally carried out by the OSC until the arrival of the predesignated OSC. This
official may initiate Federal Fund-financed actions only as authorized by the OSC or, if the OSC is
unavailable, the authorized representative of the lead agency.
Incident Response - Federal Facilities
All Federal agencies should plan for emergencies and develop procedures for dealing with oil
discharges and releases of hazardous substances, pollutants, or contaminants from vessels and
facilities under their jurisdiction. All Federal agencies, therefore, are responsible for designating the
office that coordinates response to such incidents in accordance with the NCP and other applicable
Federal regulations and guidelines.
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For releases of hazardous substances, pollutants, or contaminants which are on, or the sole source
of the release is from, any facility or vessel under the jurisdiction, custody or control of DOD or
DOE, DOD or DOE shall provide OSCs/RPMs for taking all response actions. In the case of a
Federal agency other than EPA, DOD, or DOE, such agencies shall provide OSCs for all removal
actions that are not emergencies. In the event DOD (including the Department of the Army) or DOE
provides the OSC for removal operations in response to an off-post/off-site or potential off-post/off-
site release, the OSC may request the EPA Co-chair to provide support by facilitating OSC/RRT
coordination and communication. Decisions regarding RRT agencies support would, however, be
made as usual by the OSC. DOD will be the removal response authority with respect to incidents
involving DOD military weapons and munitions or weapons and munitions under the jurisdiction,
custody, or control of DOD.
EPA OSCs may be requested to provide technical assistance to the lead agency OSC who is
responding to the releases or threatened release. In the event of a "classic emergency" on Federal
agency property, other than DOD or DOE, EPA retains response authority and EPA OSCs mav
respond and later initiate cost recovery actions against the potentially responsible party (PRP).
"Lead agency" means the agency that provides the OSC/RPM to plan and implement response
action under the NCP. EPA, the USCG, another Federal agency, or a State (or political subdivision
of a State) operating pursuant to a contract or cooperative agreement executed pursuant to Section
104(d)( 1) of CERCL A, or designated pursuant to a Superfund Memorandum of Agreement (SMO A)
entered into pursuant to Subpart F of the NCP or other agreements, may be the lead agency for a
response action.
Under the Federal Radiological Emergency Response Plan (FRERP) for off-site radiological
releases from Federal facilities, DOE will coordinate the Federal radiation monitoring activities
during the emergency phase (first few days). Then EPA assumes this responsibility from DOE
during the intermediate and long-term phase of assessment and monitoring (week to months). This
hand-off will be negotiated between the two agencies. If the incident is severe, the long-term phase
could extend beyond one year. EPA response will involve emergency-response-trained individuals
from the two national laboratories, located on Air Force Bases in Las Vegas, Nevada, and
Montgomery, Alabama. The Lead Federal Agency handles on-site radiological releases under the
FRERP.
If CERCLA authority is used, the response action will be carried out in accordance with the NCP,
and is limited to the cleanup of certain releases of radionuclides including sites containing man made
radiation.
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Responsible Party Policy
The RP has primary responsibility for cleanup of a discharge or release. The response shall be
conducted in accordance with the RP's applicable response plan. Section 311(c)(3)(B) of CWA, 33
U.S.C. § 1321(c)(3)(B), requires an owner or operator of a facility participating in removal efforts
to act in accordance with the NCP and the applicable response plan. Section 31 l(j)(5)(C) of CWA
requires that these response plans shall;
(i) be consistent with the requirements of the National Contingency Plan and this Regional
Integrated Contingency Plan;
(ii) identify the qualified individual having full authority to implement removal actions, and
require immediate communication between that individual and the appropriate Federal official and
the persons providing personnel and equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or other means approved by the President the availability of,
private personnel and equipment necessary to remove to the maximum extent practicable a worst
case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent
a substantial threat of such a discharge;
(iv) describe the training, equipment testing, periodic unannounced drills, and response actions
of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the
vessel or the facility and to mitigate or prevent the discharge, or substantial threat of a discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant change. All owners or operators of a tank
vessel or facility that are required by OPA 90 to submit a response plan shall do so in accordance
with applicable regulations. Facility and tank vessel response plan regulations, including plan
requirements, are found in 33 C.F.R. § 154 and 40 C.F.R. § 112, respectively. Before approval,
facility and vessel response plans shall be reviewed for consistency with this RICP.
As defined in OPA 90, each RP for a vessel or a facility from which oil is discharged, or which
poses a substantial threat of a discharge, into or upon the navigable waters or adjoining shorelines
or the Exclusive Economic Zone is liable for the removal costs and damages specified in Section
311(f) of CWA, 33 U.S.C. § 311(f). Any removal activity undertaken by the RP must be consistent
with the provisions of the NCP, RICP and the applicable response plan required by OPA 90. If
directed by the Federal OSC at anytime during removal activities, the RP must act accordingly.
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300.140 Multi-Area Responses
During a multi-regional response, oil discharges or releases of hazardous substances that occur
within Region VII may originate in or affect EPA Region VIII (Colorado, Wyoming, South Dakota),
EPA Region V (Minnesota, Wisconsin, Illinois), EPA Region IV (Kentucky, Tennessee), EPA
Region VI (Arkansas, Oklahoma), or the Eighth USCG District. The lead region or district
responsibility will normally be based on the location of the origin of the discharge or release.
300.145 Special Teams and Other Assistance Available to OSCs
The National Strike Force (NSF) is a special team established by the USCG, including the three
USCG Strike Teams, the Public Information Assist Team (PIAT), and the National Strike Force
Coordination Center. The NSF is available to assist OSCs/RPMs in their preparedness and response
duties.
The three Strike Teams (Atlantic, Gulf and Pacific) provide trained personnel and specialized
equipment to assist the OSC in training for spill response, stabilizing and containing the discharge
or release, and in monitoring or directing the response actions of the responsible parties and/or
contractors. The OSC has a specific team designated for initial contact and may contact that team
directly for any assistance. The Gulf Strike Team has been predesignated to support EPA Region
VII.
Additional support is available to OSCs, including the Environmental Response Team (ERT),
Scientific Support Coordinators (SSCs), Radiological Assistance Teams (RATs), USCG PIAT the
National Pollution Funds Center (NPFC), and the Environmental Emergency Response Unit
(EERU). (See the NCP, Section 300.145, and the FRP).
The Superfund Technical Assessment and Response Team (START) is contracted to provide
technical expertise for the response to and investigation of oil and hazardous substances incidents.
The team has personnel trained in health and safety, multimedia field monitoring and sampling,
incident documentation, cost monitoring, cleanup restoration, and disposal techniques during oil and
hazardous substances incidents.
The Emergency Response Cleanup Services (ERCS) Contract is a contracting network that may
be used by the OSC to provide support for all federally funded emergency cleanup operations on oil
and hazardous substances releases. The ERCS contractor operates a 24-hour, seven-day-a-week call
center to maintain response capability and accept and implement delivery orders. Delivery orders
may be initiated in a predetermined response time to support the OSC with trained personnel and
equipment to control, stabilize, clean up, and subcontract transportation and disposal during oil and
hazardous substances release.
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NOTE: Response equipment available from the special teams listed above is listed in Appendix
C.2.
300.150 Worker Health and Safety
The EPA's and OSHA's protection standards for workers (1910.120) implement Section 126 of
Title I of the Superfund Amendments and Reauthorization Act (SARA) of 1986. Title I directs
OSHA and EPA to publish regulations to ensure the health and safety of all workers potentially
exposed to the risks present during hazardous waste operations and emergency response. The
Worker Protection Standards apply to employers whose employees are engaged in hazardous waste
operations and emergency response.
The OSHA regulations apply directly to all Federal and private employees in States without
OSHA-approved plans. In states,(in Region VII, the State of Iowa) having an OSHA-approved plan,
those states (Iowa) regulations apply to State, local and private employees. The EPA's workers-
protection regulations cover State and local government employees without OSHA-approved plans.
Additionally:
1. Response actions under the NCP will comply with the provisions for response action worker
safety and health in 29 CFR 1910.120.
2. In a response action taken by an RP, the RP must assure that an occupational safety and health
program consistent with 29 CFR 1910.120 is in place for protection of workers at a response site.
3. When a State, or political subdivision of a State, without an OSHA-approved State plan is the
lead agency for a response, the State or political subdivision must comply with standards in 40 CFR
Part 311, promulgated by the EPA pursuant to Section 126(f) of SARA. In Region VII. Iowa is the
only State with an OSHA-approved State plan.
300.155 Public Information and Community Relations
The OSC may request a public information specialist to handle media and community relations.
The NCP (300.415) requires preparation of a community relations plan in certain circumstances.
Public information coordination through the Joint Information Center is described in the FRP ESF
#10 Supplement, (Appendix H).
Information dissemination relating to natural resource damage assessment (NRDA) activities
shall be coordinated through the lead administrative trustee. The lead administrative trustee may
assist the OSC by disseminating information on issues relating to damage assessment activities.
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300.160 Documentation and Cost Recovery
Section 300.335 outlines the types of funds that may be available to remove certain oil and
hazardous substance discharges. For releases of oil or hazardous substances, pollutants, or
contaminants, the following provisions apply:
During all phases of response, the lead agency shall complete and maintain documentation to
support all actions taken under the RICP and to form the basis for cost recovery. Overall,
documentation shall be sufficient to provide the source and circumstances of the release, the identity
of responsible parties, the response action taken, accurate accounting of Federal, State, or private
party costs incurred for response actions, and impacts and potential impacts to the public health and
welfare and the environment. Where applicable, documentation shall state when the NRC received
notification of a release of oil or discharge of a reportable quantity.
The information and reports obtained by the lead agency for Fund-financed response actions shall,
as appropriate, be transmitted to the NPFC. Copies can then be forwarded to the NRT, members of
the RRT, and others, as appropriate.
The lead agency shall make available to the trustees of affected natural resources information and
documentation that can assist the trustees in the determination of actual or potential natural resource
damages. Response actions undertaken by the participating agencies shall be carried out under
existing programs and authorities when available. Federal agencies are to make resources available,
expend funds, or participate in response to discharges and releases under their existing authority.
Further funding provisions for discharges of oil are described in 300.335.
Documentation and financial management under ESF #10 shall be consistent with the Financial
Management Annex of the FRP and other provisions contained in this RICP.
300.165 OSC Reports
OSC reports will be submitted when requested by the RRT or NRT.
300.170 Federal Agency Participation
Federal agencies listed in Section 300.175 have duties established by statute, executive order, or
Presidential directive that may apply to Federal response actions following, or in prevention of, the
discharge of oil or release of a hazardous substance, pollutant, or contaminant. Federal agencies may
be called upon by an OSC during response planning and implementation to provide assistance in
their respective areas of expertise. Some of these agencies also have duties relating to the
restoration, rehabilitation, replacement, or acquisition of natural resources equivalent to those
damaged or lost as a result of such discharge or release.
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Specifically, Federal member agency responsibilities include:
1. Assisting the RRT and OSCs in formulating Regions VIIRICP;
2. Informing the RRT of changes in the availability of their respective response resources;
3. Reporting discharges and releases from facilities or vessels under their jurisdiction or control.
Additional Federal agency responsibilities are described in Section 300.170 of the NCP and in the
FRP and in the FRP, Annex II.
300.175 Assistance by Federal Agencies
During preparedness planning or in an actual response, various Federal agencies may be called
upon to provide assistance in their respective areas of expertise, as in section 300.175 of the NCP.
Those Federal agencies are:
Environmental Protection Agency
United States Coast Guard, a division of the USDOT
Federal Emergency Management Agency
Department of Defense
United States Army Corps of Engineers
U.S. Navy Supervisor of Salvage (SUPSALV)
Department of Energy
United States Department of Agriculture
Forest Service
Agriculture Research Service
Natural Resource Conservation Service
Animal and Plant Health Inspection Service
Food Safety and Inspection Service
National Oceanic and Atmospheric Administration, a division of DOC
Department of Health and Human Services
Public Health Service
Agency for Toxic Substances and Disease Registry
Centers for Disease Control
Indian Health Service
National Institutes of Health
National Institute for Environmental Health Sciences
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Department of Interior
United States Fish and Wildlife Service
United States Geological Survey
Minerals Management Service
Office of Surface Mining
National Park Service
Bureau of Reclamation
Bureau of Indian Affairs
Department of Justice
Department of Labor
OSHA
Department of State
Nuclear Regulatory Commission
General Services Administration
300.180 State and Local Participation in Response
The NCP (40 C.F.R. § 300.180) describes general State and local participation in response.
Appropriate State and local officials will be identified and participate as part of the response
structure.
Each governor in the region is asked to designate an office or agency to represent the State on the
RRT. Each State's representative may participate fully in all facets of RRT activity and shall
designate a lead agency that would direct State-lead responses to oil discharges or hazardous
substance releases. Each State RRT member also represents and coordinates the involvement of
various other State, county, and municipal organizations in the RRT.
The State RRT representative is expected to coordinate with the respective State Emergency
Response Commission to communicate fully and coordinate preparedness and preresponse planning
activities between the State and the RRT, as this RICP applies to response activities under the FRP.
Additionally, the State is to designate one of its elements to coordinate with the OSC regarding
removal operations. State authorities may be used, if suffuicient evidence exixts, to compel
potentially responsible parties (PRPs) to undertake removal actions, and to undertake response
actions that are not eligible for Federal funding. Because State and local public safety organizations
are often the first government representatives at the scene of a release, they are expected to initiate
public safety measures to protect public health and welfare and direct evacuations. Additionally, to
facilitate response and removal operations, States are encouraged to initiate Community-Right-to-
Know laws and/or appropriate funding mechanisms.
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Following a specific incident, the State RRT representative shall ensure the following actions are
completed, when appropriate:
1. Notify downstream water users (municipal, industrial and agricultural) of all discharges and
releases that may threaten them;
2. Notify and coordinate, as appropriate, with other State and local agencies, including State
trustees for Natural Resources (see Appendix D.5);
3. Be responsible, in conjunction with the EPA representative for:
a) Selection of disposal sites;
b) Arranging for use of disposal sites;
c) Selecting transportation routes to disposal sites;
d) Making arrangements with the State Emergency Management Agency to provide security
for all on-scene forces and equipment. This activity includes establishing local liaison with hospital,
emergency services, and police personnel, and in restricting entrance by nonessential personnel to
hazardous areas;
e) Assisting the EPA in determining and providing advice on the degree of hazard discharge
or release to public health and safety;
f) Assisting the EPA in assessment of the environmental damage caused by the discharge or
release; and,
g) Assuming responsibility for operation and maintenance of a site, if necessary and when
no RP has been identified.
A. The State of Iowa
1) The Iowa State Department of Natural Resources (IDNR) is the enforcement agency for the
environmental laws in the State of Iowa and coordinates response to spills. If a threat to human
safety exists in a pollution case, IDNR coordinates requested assistance from State agencies, and acts
as the liaison with Federal officials. Agency personnel are available 24 hours a day for technical
assistance to abate the exposure of citizens to hazardous materials, and for investigation of pollution
incidents and assessment of environmental damages. The Department of Natural Resources can
provide laboratory services and water quality survey assistance. Requests for disposal sites and
incinerators for waste oil should be coordinated through this department, which also represents the
State for all RRT activity.
2) The Iowa Department of Public Defense, Disaster Services Division, coordinates disaster
response actions and provides guidance and assistance. In a response, the Division provides
assistance to the lead agency and local government on coordinating relocation assistance and
supporting evacuated citizens.
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B. The State of Kansas
The Kansas Department of Health and Environment (KDI IE) is the lead agency in the State for
enforcement of environmental laws and response to oil and hazardous substances release incidents.
A member of this department is the RRT representative.
C. The State of Missouri
The Department of Natural Resources, Division of Environmental Quality, will provide response
assistance on hazardous materials incidents and oil discharges in accordance with the departments's
Hazardous Substance Emergency Response Plan. A member of this department is the RRT
representative.
D. The State of Nebraska
The Department of Environmental Quality (DEQ) will coordinate State's responses to a discharge
of oil or a release of a hazardous substance. A member of this department is the RRT representative.
E. Local Emergency Planning Committees
The LEPCs are responsible for the development and maintenance of local emergency response
plans in accordance with EPCRA, Sections 301 to 303. The LEPCs' membership includes various
representatives from local governmental agencies, emergency responders, environmental groups, and
local industry. The emergency plans developed by these groups must include; the identity and
location of hazardous materials; procedures for immediate response to a chemical accident; ways to
notify members of the public of actions they must take in the event of a discharge or release; names
of coordinators at plants; and schedules for testing the plan.
The local emergency response plan must be reviewed by the State Emergency Response
Commission (SERC). The RRTs may review the plans and provide assistance if the SERC or LEPC
makes such a request. Federal contingency plans provide for coordination with local governments.
This is especially important for traffic control, land access, and disposal of oil or hazardous materials
removed during response operations. State conservation departments, through their State's
representative on the RRT, shall coordinate fish and wildlife preservation measures. When
necessary, the closing of areas to commercial and recreational fishing due to health hazards will be
accomplished by the appropriate State agency.
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300.185 Non-governmental Participation
Industry groups, academic organizations, and others are encouraged to commit resources for
response operations.
This plan anticipates and encourages representation from industry, landowners, volunteer groups,
and other stakeholders. Non-governmental participants will have an ex-officio role on the Area
Committee.
Several non-governmental entities that can provide assistance during a pollution response action
within Federal EPA Region VII. A partial listing of this information is provided below and further
information is contained in Section 300.210 of the NCP:
¦ Chemical Transportation Emergency Center (CHEMTREC) - Provides technical expertise,
coordination of chemical manufacturers, and emergency response information on chemical
spills. Can be accessed by calling 1-800-424-9300 (24-hour emergency number); or for
planning purposes call: (202) 887-1255 during business hours.
¦ Chemical Manufacturers' Association (CMA) is an association of chemical manufacturers
and is located in Washington, D.C. CMA's Community Awareness and Emergency
Response (CAER) program has provided guidance to chemical plant manufacturers for
interactions with the local community in the development of local hazardous materials
response plans. CHEMTREC, 1-800-424-9300.
¦ Bureau of Explosives - Association of American Railroads, Washington, D.C., can provide
technical advice during railrod incidents. The Bureau of Explosives may provide assistance
in the areas of accident assessment, classification of materials, environmental impacts,
methods of cleanup and mechanical evaluations of trains. Contact through CHEMTREC.
1-800-424-9300.
¦ Kansas State University (KSU) Hazardous Waste Research Center - KSU leads a seven-
institution consortium consisting of itself, Montana State University and the Universities of
Iowa, Missouri, Montana, Nebraska, and Utah. The Center was established in February 1989
to conduct research concerning the identification, treatment and reduction of hazardous
substances resulting from various agricultural and industrial activities. The Center's
Technology Transfer Director can be contacted at Ward Hall, KSU, Manhattan KS 66506-
5102; telephone: (913) 532-5584 or (913) 532-6519.
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¦ American Petroleum Institute, 2100 I. Street, NW, Washington, D.C. 20037; telephone:
(202) 682-8000. This organization represents major producers and refiners of the petroleum
industry and can provide technical and operational expertise.
¦ National Pesticides Telecommunications Network; 24-hour number: (800) 858-7378.
¦ Chlorine Institute; telephone: (202) 775-2790.
¦ Tri-state Bird Rescue and Research, Inc. has extensive experience in bird rescue and
rehabilitation. The telephone is (302) 737-7241; 24-hour pager: 1-800-710-0695 or 0696.
¦ International Bird Rescue Research Center also has extensive experience in bird rescue and
rehabilitation; telephone: (510) 841 -9086.
[Any wildlife rescue and rehabilitation will be directed by the affected State's natural
resource trustee and the U. S. Fish & Wildlife Service (USFWS).
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Subpart C. PLANNING AND PREPAREDNESS
300.200 General
Flowcharts and diagrams of the descriptions of planning and coordination structures, Federal
contingency plans, and EPCRA local emergency response plans are found in the NCP and FRP. The
Area Committee serves as a planning and preparedness body to support the FOSC and is encouraged
to include membership from Federal, State, and local governments and private entities (as ex-officio
members). The Area Committee is not a response-support body and is not required to participate
in response efforts, but its members should have a knowledge of response procedures.
300.205 Planning and Coordination Structure
National - The NRT is responsible for national planning and coordination.
Regional - The RRTs are responsible for regional planning and coordination. In addition, the
EPA RRT Co-chair is responsible for the ESF #10 components of this plan. This RJCP consolidates
the Regional Contingency Plan, the Area Contingency Plan, and the ESF #10 (FRP) into a single
plan.
Area- This RJCP covers the Standard Federal Region VII: Iowa, Kansas, Missouri, and Nebraska.
Planning for sub-areas includes the four Metropolitan Statistical Areas (MSAs) of Omaha/Council
Bluffs, Kansas City, St. Louis, and the Quad Cities, as well as the Missouri River Basin.
State - The SERC of each State, appointed by the Governor, is to designate emergency planning
districts, appoint LEPCs, supervise and coordinate their activities, and review local hazardous
materials response plans.
Local - Emergency planning districts are designated by the SERC in order to facilitate the
preparation and implementation of emergency plans. Each LEPC is to prepare a local hazardous
materials response plan for the emergency planning district and receive and process requests from
the public for information generated by Title III reporting requirements.
On-Shore Facilities - Those that could be expected to cause substantial harm to the environment,
because of their location, are required to plan for a worse-case discharge.
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300.210 Federal Contingency Plans
The NCP's Section 300.210 identifies three levels of Federal contingency plans: National,
Regional and Area. In Region VII, the RRT also serves as the Area Committee, and this RICP
fulfills all NCP requirements for both a RCP and an ACP.
Section 31 l(j)(4)(C)(i), of the CWA requires that this RICP, when implemented in conjunction
with the NCP, be adequate to remove a worst-case discharge (WCD). Region VII determines a worst
case discharge to involve ANY discharge or threat of a discharge in sufficient 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. This RICP regards a worst case
discharge in an identical manner.
An oil spill scenario that is applicable to Region VII is provided in the following section. The
formulation provides parameters for what may be a WCD. The information will be updated as more
Facility Response Plans are received and as additional regulations are developed.
OIL SPILL SCENARIO (WORST-CASE):
Assumptions: In all cases, assume parties contributing to the spill are not or cannot take
appropriate response action.
Hazard Assessment: Each State within Region VII is unique, but they also share common
concerns. By looking at the history of incidents (i.e., natural or technological accidents), the
inevitable future occurrences can be better met. Understanding the community or surrounding area
is crucial for proper planning. An industry that produces, uses, or stores oil may engender a high
risk of a technological hazard to the community. Although the community may not be at risk, the
facility may be close to or within a highly vulnerable area. A facility near a fault line, along a river,
or be vulnerable otherwise, or be at risk due to nearby industrial or transportation activities, has the
potential to be economically impacted or to impact other economically or environmentally sensitive
areas.
Vulnerability Analysis: Particular points of environmental and economic sensitivity include, but
are not limited to the Environmentally and Economically Sensitive Areas for Iowa, Kansas, Missouri
and Nebraska, which are listed in Appendices A.2 and A.3.
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Seasonal/Geographic Considerations: Each State has the potential for widespread or localized
flooding due to heavy rains, flooding caused by ice jams on major rivers, and tornados. The
potential for disastrous earthquakes exists along the New Madrid Fault in southeast Missouri and
along the Nemaha Uplift, a buried feature extending from the Kansas-Nebraska border in northeast
Kansas to south-central Kansas.
RESPONSE PRIORITIES
EPA Region VII, to further development of WCD scenarios, created a list of suggestions and
checklists to provide quick access to critical information to assist facilities in formulating a WCD.
This compilation is neither a textbook nor a substitute for training, qualified technical advice, or
common sense. It addresses response only to oil spills that could reach water. The following points
should be considered when attempting to minimize the effects of an oil spill:
Health and safety are the first priorities. Responders should be alert to:
• Fire and explosion potential from vapors at or near the spill site.
• Potential toxic effects are present from the spill and chemical countermeasures.
• Proper use of safety equipment.
• Hyperthermia, hypothermia, frostbite or sunburn.
• Small boat safety.
• Helicopter and aircraft safety.
Speed is essential in recovery efforts. Responders should keep in mind that:
• Oil spreads and drifts rapidly; delays will rapidly increase the area needing cleanup.
• If in situ burning is a desirable alternative and a viable option, the best results will be
obtained with the earliest ignition possible because of the potential for evaporation and
emulsiflcation.
• Sustained combustion requires at least 0.1 inch (2-3 mm) of slick thickness.
• Oil is usually easier to deal with on water than after it has contacted the shore.
• Any proposal for in situ burning will require consultation of the OSC, the respective State
member of the RRT, the State natural resource trustees, the USFWS and the State air
permitting agency, so development of a comprehensive proposal early in the spill response
phase would be desirable.
CLEANUP PRIORITIES
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The nine oil spill remediation steps are:
1. Stop the discharge.
2. Contain and remove spilled oil at the source to the extent possible.
3. Assess the amount and type of spilled oil via surveillance and tracking.
4. Follow procedures defined in contingency plans; modify them as needed; document all actions.
5. Protect threatened resources and monitor shorebound oil.
6. Contain and remove offshore oil that has escaped the primary control operation at the source.
7. Skim oil that has pooled in natural collection areas such as sloughs and coves.
E. Clean up shorelines where oil has stranded, to the extent possible and advisable.
9. Dispose of collected materials in accordance with applicable regulations.
SHORTFALLS
Potential shortfalls exist in responding to any contemplated type of oil spill. Those may include:
1. Equipment:
• Logistics of staging and maintaining operable equipment.
• Limited availability and shelf-life of specialized cleanup and/or monitoring equipment.
• The discharge or release may be inaccessible to the equipment available.
2. Personnel:
• Skilled personnel may not be immediately available.
• Personnel from outside the area may not be familiar with the terrain or available equipment.
• Personnel from various agencies, areas and with various experiences must be integrated into
an effective response.
3. Funds:
• The cleanup costs may exceed funds available to the RP.
• The availability of funds through the NPFC is dependent on the knowledge of the FOSC and
the State's OSC.
4. Response by some or all parties may be delayed by the remoteness of the spill location.
5. Substantial delays may occur in identifying and obtaining additional resources.
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PROCEDURES AND CRITERIA FOR TERMINATING THE CLEANUP
EPA Region VII cleanup procedures will continue until a determination is made jointly by the
Federal and State OSCs, Natural Resource Trustees, the RP and the local incident commander to
cease cleanup operations.
Region VII contains very diverse industries and ecological zones. A spill of one substance and
size might have minimal impact on one area, but might be devastating in another. Procedures on
response guidelines will be written for Region VII and incorporated into this plan.
SPILL HISTORY
To prepare for the inevitable oil spill incident, a responder must know the possible parameters
of possible occurrences. Looking at the spill history of an area is a good way to anticipate what is
likely to happen in the future. All oil spills of reportable quantity are to be reported to the NRC:
1-800-424-8802.
When spills are reported, notice is disseminated to the predesignated USCG/EPA FOSC in the
jurisdiction where they occurred for possible response actions. This mechanism for recording spills
is labeled the Emergency Response Notification System (ERNS). Research of the ERNS data for
Region VII from 1988, separating out the oil-specific information, resulted in a listing of the larger
oil spills within Region VII. States were also requested to submit their spill history data to help
hypothesize a WCD in the region.
CATEGORIES:
Specific spill categories were researched from the ERNS database in the four States. These
categories are: pipelines, fixed facilities, highways, underground tanks, aboveground tanks and
railways. The largest discharge and/or release from type of facility is each State since 1988 is
recorded in Table I. Spill data on vessels was obtained from the USCG.
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The following matrices (Tables I & II) show the oil spill history for the States in Region VII. The
data represent natural, human and technological events. (See Appendix F).
TABLE I. Oil Spill History for Iowa, Kansas, Missouri and Nebraska. (Since 1988)
STATE:
Iowa
Kansas
Missouri
Nebraska
SOURCE:
Pipeline
12,000 gal.
165,000 gal.
864,000 gal.
40,000 gal.
No, 2 Fuel Oil
Crude Oil
Crude Oil
JP-4 Jet Fuel
Fixed Facility
38,830 gal.
44,000 gal.
340,000 gal.
3,000 gal.
Diesel
Crude Oil
Gasoline
Diesel
Highway
9,000 gal.
35,000 lbs./
7,600 gal
8,800 gal.
Gasoline
VAC-10 Asphalt
Gasoline
Gasoline '
Underground Tank
10,000 gal.
1,780 gal.
3400 gal.
4,500 gal.
Gasoline
No. 2 Diesel fvel
Gasoline
Unleaded Gas
Above Ground Tank
29,480 gal.
4,135 gal.
20,000 gal,
765,795 gal.
Gasoline
Gasoline
Diesel
No. 2 Fuel
Railway
4,000 gal.
S.SOOgal.
23,000gal.
270 Tons
No. 2 Diesel
Gas Oil
Petroleum
Coal Tar
Source: ERNS Database & State Spill History, see Appendix F,
Below is a table representing the worst case discharge possibility for a vessel on the Mississippi
or Missouri River.
Table II. Worst-Case Discharge - Vessel
Capacity
Contents
Mississippi River
Maximum: 27,000 Barrels/Barge
Barges = usually 12 barges.
Maximum = 20, up river
Missouri River
Maximum: 23,000 Barrels/Barge
Fuel oil, asphalt, & caustic soda
Source: USCG
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Adequacy to Remove a Worst-Case Discharge
This RICP, when implemented in conjunction with the NCP, is adequate to mitigate and/or
prevent a substantial threat of a WCD. Private industry and local emergency responders provide the
front-line defense in response to all spills, including a WCD.
Adequacy to remove a WCD is currently addressed through existing contingency plans and
guidance manuals. This RICP outlines federal resources available to the OSC from RRT agencies
and provides Regional response policies. Local emergency contingency plans outline resources
available from outside RRT agencies. This RICP also lists resources that are not found in any of the
referenced plans.
In assessing the adequacy of removal of the different categories of WCDs outlined in Tables I
& II, the equipment section of this plan (Appendix C.2) includes contractors from outside the State
who may be accessed for additional equipment.
In terms of prevention of oil spills, including a WCD, the Spill Prevention, Control, and
Countermeasures (SPCC) Program, administered through EPA, requires all non-transportation-
related facilities within EPA's jurisdiction, to develop plans necessary to contain a discharge of oil
and prevent it from reaching waters of the United States. This program is much broader than
contingency planning. It requires facilities to develop and design plans that include the installation
of equipment, most notably secondary containment systems, such as dikes, barriers and diversionary
flow paths, so that spills into waters of the United States will be prevented.
When such design and engineering controls are not practicable for a facility, the owner must
provide a detailed contingency plan following the criteria outlined in 40 C.F.R. Part 109. Some of
these criteria include the establishment of notification procedures, identification of resources, and
provisions for specific actions. For transportation-related onshore and offshore facilities, such as
vessels, the Department of Transportation (DOT) issues regulations concerning the safe handling
of hazardous materials. The Minerals Management Service of the Department of the Interior is also
responsible for certain offshore fixed facilities.
Fish and Wildlife Response Plan
OPA 90 amended Section 311 (d) of the CWA, 33 U.S.C. § 1321 (d), to include a fish and wildlife
response plan, developed in consultation with the USFWS, NOAA, and other interested parties
(including natural resource managers and State fish and wildlife conservation officials), for the
immediate and effective protection, rescue, and rehabilitation of, and the minimization of risk of
damage to, fish and wildlife resources and their habitat harmed or that may be jeopardized by a
discharge.
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See Appendix A.3 of this RICP for the Fish and Wildlife and Sensitive Environments listing.
300.211 Facility Response Plans
Facility Response Plans are submitted to EPA Region VII for review and approval and Vessel
Response Plans are submitted to local USCG MSOs for review and approval. Both Federal agencies
maintain current copies of all of the plans submitted from within their jurisdiction. Certain facilities-
-those that pose a significant and substantial threat to the environment, to be granted approval to
operate with an approved Facility Response Plan-have provided certification that they have, by
contracts or other approved means, the resources capable of removing a WCD from their facility.
In Region VII all 58 facilities that have been determined to pose such a risk have provided an
adequate certification. All Facility Response Plans are reviewed to verify the}' have adequate
resources to remove a facility WCD. Among the additional requirements, Facility Response Plans
must be integrated with the local emergency plans prepared under the EPCRA.
300.212 Area Response Drills
To check the adequacy of a facility to remove a WCD, the Federal lead agency. EPA or USCG,
shall periodically conduct drills of removal capability, without prior notice, in areas for which ACPs
are required and under relevant Vessel and Facility Response Plans. The drills are to be conducted
under the National Preparedness for Response Exercise Program (PREP), and may include
participation by Federal, State, and local agencies, the owners and operators of vessels and facilities
in the area, and other elements of private industry.
This RICP shall integrate approved vessel, offshore facility, onshore facility, pipeline, and bulk
transportation response plans. Regional response policies and preparedness activities, concerning
inland issues , are currently addressed through the RRT, and outlined in this RICP, which is
approved by BOTH the EPA and USCG co-chairs.
300.215 EPCRA local emergency response plans
The regulations that implement EPCRA are codified at 40 C.F.R. Part 355.
Each LEPC is to prepare an emergency response plan in accordance with Section 303 of EPCRA
and to review the plan once a year, or more frequently as changed circumstances in the community
or at any subject facility may require. Such local emergency response plans should be closely
coordinated with applicable ACPs and State emergency response plans. .
Appendices D.l and D.2 contain a listing of SERCs and LEPCs, respectively.
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SUBPART D. OPERATIONAL RESPONSE PHASES FOR OIL REMOVAL
300.300 Discovery and Notification
Notice of an oil discharge or release of a hazardous substance in an amount equal to or greater
than the reportable quantity must be made immediately in accordance with 33 CFR part 153, Subpart
B and 40 CFR part 302, respectively. Notification will be made to the NRC Duty Officer, HQ
USCG, Washington, D.C., telephone (800) 424-8802. All notices of discharges or releases received
at the NRC will be relayed immediately by telephone to the Region VII RRC (913)281-0991 or
USCG Eighth District (504) 589-6225 or lead agencies. The OSC receiving this call will ensure
notification to the appropriate State agency of any State which is, or may reasonably be expected to
be, affected by the discharge or release. The OSC will then proceed with the following phases.
300.305 Preliminary Assessment and Initiation of Action
The OSC is responsible for determining whether or not proper response actions have been
initiated. If the RP for the release or spill does not act promptly or does not take appropriate actions,
or if the party is unknown, the OSC shall respond in accordance with provisions of the NCP and
agency guidance, and coordinate activities as outlined in this RICP.
(1) In carrying out a response under this section, the OSC may:
i) Remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat
of a discharge, at any time;
ii) Direct or monitor all Federal, State and private actions to remove a discharge;
iii) Remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by
whatever means are available.
(2) If the discharge results in a substantial threat to the public health or welfare of the United
States (including, but not limited to fish, shellfish, wildlife, other natural resources, and the public
and private beaches and shorelines of the United States), the OSC must direct all response efforts.
as provided in part 300.322 of the NCP. The OSC may act without regard to any other provision of
the law governing contracting procedures of employment of personnel by the Federal government
in removing or arranging for the removal of such a discharge.
(3) The OSC shall ensure that the natural resource trustees and natural resource managers are
promptly notified in the event of any discharge of oil, to the maximum extent practicable as provided
in the Fish and Wildlife and Sensitive Environments Plan (Appendix A).
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The OSC, trustees and natural resource managers shall coordinate assessments, evaluations,
investigations, and planning with respect to appropriate removal actions. The OSC shall consult
with the affected trustees on the appropriate removal action to be taken. The trustees will provide
timely advice concerning recommended actions regarding trustee resources potentially affected. The
trustees also will assure that the OSC is informed of their activities in natural resource damage
assessment that may affect response operations. The trustees will assure that all data from the
natural resource damage assessment activities that may support more effective operational decisions
are provided in a timely manner to the OSC. Where circumstances permit, the OSC will share the
use of non-monetary response resources (i.e., personnel and equipment) with the trustees, provided
trustees activities do not interfere with response actions. The Federal Lead Administrative Trustee
facilitates effective and efficient communications between the OSC and the other trustees during
response operations and is responsible for applying to the OSC for non-monetary Federal response
resources on behalf of all trustees. The Federal Lead Administrative Trustee is also responsible for
applying to the NPFC for funding for initiation of damage assessment for injuries to natural
resources.
300.310 Containment, Countermeasures, Control and Disposal
Defensive actions shall begin as soon as possible to prevent, minimize, or mitigate threat(s) to
the public health or welfare of the United States or the environment. Actions may and include
sampling and analysis, controlling the source of a discharge, source and spread control or salvage
operations, placement of physical barriers to deter the spread of oil and protect natural resources and
sensitive ecosystems, control of water from upstream impoundment, and the use of chemicals as
described in Subpart J of this RICP.
As appropriate, actions shall be taken to recover the oil or mitigate its effects. Of the numerous
chemicals or physical methods that may be used, the chosen methods shall be the most consistent
with protecting public health and welfare and the environment. Sinking agents shall not be used.
Oil and contaminated materials recovered in cleanup operations shall be disposed of in
accordance with applicable laws, regulations, or requirements.
[Additional guidance on disposal under development]
300.315 Documentation and Cost Recovery
All OSLTF users need to collect and maintain documentation to support all actions taken under
the CWA. Overall, documentation shall be sufficient to support full cost recovery for resources
utilized and shall identify the source and circumstances of the incident, the RP or RPs, and impacts
and potential impacts to public health and welfare and the environment. Documentation procedures
are contained in 33 CFR part 136.
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When appropriate, documentation shall also be collected for scientific understanding of the
environment and for research and development of improved response methods and technology.
Funding for these actions is restricted by section 6002 of the OPA,
OSCs shall ensure the necessary collection and safeguarding of information, samples, and
•reports. Samples and information shall be gathered expeditiously during the response to ensure an
accurate record of the impacts incurred. Documentation materials shall be made available to the
trustees of affected natural resources. The OSC shall make available to trustees of the affected
natural resources information and documentation in the OSC's possession that can assist the trustees
in the determination of actual or potential natural resource injuries.
Information and reports obtained by the EPA shall be transmitted to the appropriate offices
responsible for follow-up actions.
300.317 National Response Priorities
Refer to the NCP.
300.320 General Pattern of Response
When the OSC receives a report of a discharge, actions should normally be taken in the following
sequence:
(1) Investigate the report to determine pertinent information such as the threat posed to public
health or welfare or the environment, the type and quantity of polluting material, and the source of
the discharge.
(2) Officially classify the size of the discharge and determine the course of action to be followed.
(3) When the reported discharge is an actual or potential major discharge, greater than 10,000
gallons, immediately notify the RRT, and the affected State, and the NRC.
(4) Determine whether a discharger or other person is properly carrying out removal. Removal
is being done properly when:
(i) The cleanup is fully sufficient to minimize or mitigate threat(s) to public health and welfare
and the environment.
(ii) The removal efforts are in accordance with applicable regulations, including the NCP, RICP,
and any Facility Response Plans.
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(5) Determine whether a State or political subdivision thereof has the capability to carry out
response actions and whether a contract or cooperative agreement has been established with the
appropriate fund administrator for this purpose.
In addition the OSC shall:
(1) Request the State RRT Representative to notify any downstream water users of any release
or discharge entering water courses from which they take water;
(2) Notify the RP of Federal interest and potential action in the discharge or release. If the RP
is unknown or does not respond, the OSC shall initiate response actions;
(3) Attempt to have the RP voluntarily and promptly perform response actions;
(4) Ensure adequate surveillance over whatever actions are initiated by the RP;
(5) Make prompt notification to the trustees and other managers of affected natural resources so
that they may initiate appropriate action when facilities or natural resources have been or are likely
to be injured;
(6) Ensure that the notifications and actions required in 300.135 and the FWSEA have been
performed. If they have not been performed, the OSC will perform those notifications and
subsequent actions;
(7) When appropriate, activate Federal response using the OSLTF for oil discharges of the
CERCLA Hazardous Substances Response Trust Fund for hazardous substances releases;
(8) Advise the appropriate State/local officials on scene of the timing and nature of subsequent
response actions that will be taken by the predesignated OSC or other agencies or organizations;
(9) Prepare and distribute Pollution Reports (POLREPS);
(10) Call upon RRT resources, as appropriate, to assist in determining the necessary facts about
a particular discharge or release, such as its magnitude or potential impact on human health and
welfare;
(11) Fully inform and coordinate closely with the RRT during a response to a significant
discharge or release to ensure the maximum effectiveness of the Federal effort in protecting natural
resources and the environment from pollutant damage;
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(12) Obtain the advice of natural resource trustees and/or facility managers regarding response
operations affecting resources or facilities under their jurisdiction. Advice provided by the U. S.
Fish and Wildlife Service (DOI) on response actions that may affect Federally endangered or
threatened species shall be obtained at all times and shall be binding on the OSC, unless, in his or
her judgement, actions contrary to this advice must be taken to protect human life;
(13) Ensure the safety of Federal response personnel;
(14) Conduct the following actions, as appropriate:
(a) Contain the spread of the release, e.g., by trenching and diking, siphon dams (floating
substances), filter fences, booms (floating substances), water sprays, stream diversion or
impoundment, and gelling agents;
(b) Implement countermeasures, e.g., control the water discharge from upstream
impoundments, mitigate contamination of water supplies;
(c) Collect and remove oil from water courses and adjoining shorelines, e.g., skimmers,
sorbents, dredging, high-pressure water, physical/chemical treatment (see Subpart J);
(d) In consultation with natural resource trustees and natural resource managers, mitigate
damage to waterfowl and other wildlife;
(e) Ensure adequate disposal of removed materials in accordance with State and Federal
regulations;
(f) Recommend the evacuation of threatened individuals to appropriate authorities;
(g) Limit access to the release area, e.g., barricades, security fences, etc.;
(h) Collect and analyze samples to determine source and dispersion of the release;
(i) Implement countermeasures, e.g., treatment of water supplies (e.g., activated carbons)
providing alternate water supplies, control of water discharge from upstream impoundments, on-site
physical/chemical treatment;
(j) Collect and remove released hazardous substances, e.g., skimmers (floating substances),
sorbents, dredging, on-site physical/chemical treatment (see Subpart J);
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(k) Ensure adequate disposal of released substances. Transportation of hazardous substances
off-site must comply with regulations promulgated under RCRA. Under certain circumstances,
some procedural requirements of RCRA can be waived. The circumstances are described in the
regulations.
(14) Keep the Public informed of response actions.
(15) Arrange for scientific support coordination as needed.
300.322 Response to substantial threats to public health or welfare of the United States
(See 300.305).
300.323 Spills of national significance.
A discharge may be classified as a spill of national significance by the Administrator of EPA.
300.324 Response to Worst-Case Discharge
(1) If the OSC's investigation determines that a WCD, as defined in the RICP, has occurred or
there is a substantial threat of such a discharge, the OSC shall:
(a) Notify the NSFCC;
(b) Require, where applicable, implementation of the worst-case portion of an approved tank
vessel or facility response plan required by section 31 l(j)(5) of the CWA;
(c) Implement the worst-case portion of this RICP required by section 31 l(j)(4) of the CWA;
and
(d) Take whatever additional response actions are deemed appropriate.
(2) Under the direction of the OSC, the NSFCC shall coordinate use of private and public
personnel and equipment, including Strike Teams, to remove a WCD and mitigate or prevent a
substantial threat of such a discharge.
300.335 Funding
Local, State, tribal, or Federal agencies may obtain funding for removal costs through, and with
the prior approval of, the FOSC, or by submitting a claim.
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Funding will be in accordance with Technical Operating Procedures (TOPS), 1993 U.S. Coast
Guard Fund Center.
Access to the Fund: For use of the OP A Trust Fund, the Eighth Coast Guard District Office in
New Orleans, Louisiana, must be called (504) 589-6225. The District Office will issue an eight-
digit case number and authorize a spending ceiling. After receiving a number and ceiling from the
District, contact the Coast Guard Contracting Officer at the Atlantic Area Maintenance and Logistics
Command Office: (804) 628-4119.
1. GUIDELINES: Due to the lack of extensive Basic Ordering Agreements (preauthorized
contracts; boas) in the Eighth Coast Guard District, the following guidelines apply to oil spill
cleanup contracting (extracted from USCG Maintenance and Logistics Standard Operations for
Pollution Response);
(a.) A BOA contract available: both EPA and CG OSCs have the authority to issue a verbal
authorization to proceed to a BOA contractor without MIX contracting office (FCP) assistance when
the funding ceiling is less than $25,000. (This restriction applies without regard to which agency
has previously developed the BOA: EPA or USCG.) All verbal- authorization-to-proceed
statements will be followed up with a hard copy document. For costs above the $25,000 ceiling or
for non-BOA items, the MLC Contracting Officer (FCP.) Is the only person authorized to negotiate
the final contract price for either the EPA or the USCG OSCSi (NOTE: BOAs now contain a non-
priced line item for toxicity testing and disposal of recovered oily waste. The OSCs, both EPA and
CG, are authorized to direct the clean up contractor to initiate necessary toxicity tests, because the
analytical costs are usually below $2,500. However, MLC will negotiate final disposal costs,
because these normally exceed $2,500 and procedures vary on a state-by-state basis.)
(b.) Non-BOA contracting: EPA and USCG OSCs have different authorities in regards to Non-
BOA Contracting:
1. USCG: Only USCG OSCs are authorized to obligate up to $25,000 in an emergency. After
such action, the MLC contracting office must finalize the contract. In non-emergency situations, the
MLC Contracting Officer must negotiate the clean up contract before any response actions.
2. EPA: Until EPA headquarters changes policy, EPA OSCs have no authority to obligate any
OSLTF monies in either an emergency or non-emergency situation without prior approval from an
MLC contracting officer. Due to this restriction, all aspects of contracting negotiations will be
handled by the MLC Contracting Office for EPA OSCs.
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Coast Guard Commandant Instruction 16465.1 defines documentation for enforcement and cost
recover)' under 33 U.S.C. § 2712(d). (See Technical Operating Procedures for State Access Under
Section 1012(d)(1) ofthe OPA (Enclosure (1) to NPFCINST 16451.1)).
Under development: Details of requirements for documentation and cost recovery,
OPA 90 allows the States governor to request payments of up to $250,000 from the OSLTF for
removal costs required for the immediate removal of a discharge, or the mitigation or prevention of
a substantial threat of a discharge, of oil. Requests are made directly to the FOSC who will
determine eligibility. A State that anticipates the need to access the Fund must advise the NPFC in
writing of the specific individual who is designated to make requests. The designation must include
the person's name, address, telephone number, and title or capacity in which employed.
Eligibility for State Access:
The FOSC will determine whether the State is able to respond based on the criteria specified by
the NPFC. If the State is capable, the FOSC will contact the USCG case officer to authorize access
to the fund. If the OSC denies State access to the fund, he or she will detail the reason for denying
access (i.e., which of the criteria were not met by the State).
Required Record keeping:
The State shall maintain records of expenditures of fund monies, including, but not limited to:
- Daily expenditures for each individual worker, giving the individual's name, title or position,
activity performed, time on task, salary or hourly rate, travel costs, per diem, out-of-pocket or
extraordinary expenses, and whether the individual is normally available for oil spill removal.
- Equipment purchased or rented each day, with the daily or hourly rate.
- Miscellaneous materials and expendables purchased each day.
- Daily contractor or consultant fees, including costs for their personnel and contractor-owned
or rented equipment, as well as that of any subcontractor.
The State shall submit a copy of these records and a summary document, stating the total of all
expenditures made, to the NPFC within 30 days after completion of the removal actions. A copy
of these documents shall also be submitted to the Federal OSC.
State Access to Other Funds: underdevelopment.
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SUBPART E. HAZARDOUS SUBSTANCE RESPONSE
300.400 General
300,405 Discovery and Notification
A release may be discovered through a report submitted in accordance with section 103(a) of
CERCLA, i.e., reportable quantities codified 40 CFR part 302 and various reports and investigations.
The provisions of section 300.305 of this plan, including notification of Federal and state natural
resource trustees, are also applicable to reports involving hazardous substances, pollutants, or
contaminants.
300.410 Removal Site Evaluation
The OSC's removal site evaluation (RSE) may include, but is not limited to:
1. Identification of the source and nature of the release or threat of release;
2. Evaluation by ATSDR, or other Public Health Agencies, of the threat to public health;
3. Evaluation of the magnitude of the potential threat;
4. Evaluation of the factors necessary to make the determination of whether a removal action is
necessary;
5. Determination if a non-Federal party is undertaking proper response; and,
6. Determination of Federal jurisdiction.
The OSC shall determine whether a release governed by CWA section 311(c)(1), as amended by
OP A, has occurred.
An RSE may be terminated when the OSC or lead agency determines:
1. There is no release or threat of release;
2. The source is neither a vessel nor a facility;
3. The release does not involve a hazardous substance;
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4. The release does not involve a pollutant or contaminant that may pose an imminent and
substantial danger to public health of welfare;
5. The amount, quantity and concentration released does not warrant Federal response;
6. The party responsible for the release or other person is providing appropriate response, and on-
scene monitoring by the government is not required;
7. The RSE is complete; or
8. The release consists of a situation specified in Section 300.400 (b) (1) through (3) of the NCP
subject to limitations on response.
If natural resources are or may be injured by the release, the OSC will notify and consult with the
appropriate Natural Resources Trustees.
In addition, the FOSC will determine whether remedial action is necessary.
300.415 Removal Actions
The following factors shall be considered in determining the appropriateness of a removal action:
1. Actual or potential exposure to human populations, fish and wildlife or food chain;
2. Exposure to drinking water supplies or sensitive ecosystems;
3. Hazardous substance or pollutant in containers, drums, barrels, tanks, or other storage that may
pose a threat of release;
4. Hazardous substance or pollutants in soils at or near the surface that may migrate;
5. Weather conditions that may cause hazardous substance or pollutants to migrate or be released;
6. Threat of fire or explosion;
7. Availability of other Federal, State or local response mechanisms to respond to the release;
and
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8. Any other situation or factors that pose a threat to public health, welfare, or the environment.
When a planning period of at least six months exists before on-site activities are initiated, an
Engineering Evaluations/Cost Analysis (EE/CA) must be done.
If environmental samples are to be collected, preplanning shall consist of the field sampling plan
and quality assurance project plan.
See also 300.320 for additional guidance.
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SUBPART F. STATE AND LOCAL INVOLVEMENT IN HAZARDOUS SUBSTANCE
RESPONSE
300.500 General
Subpart F of the NCP addresses State involvement in hazardous substance response and is
incorporated herein by reference. ESF #10 requires close coordination between EPA and State
counterparts in the development and implementation of mission assignments for response activities.
300.505 EPA/State/Local MOA (MOU)
The Federal, State, and local MOA (MOU) may establish the nature and extent of EPA and State
and local interaction during EPA-lead and State-lead or local-lead responses (including Indian
tribes). EPA shall enter into MOU discussions if requested by a State or local government.
Refer to the NCP, 40 C.F.R. § 300.505, for a discussion of State MOUs.
Regional MOUs
Various MOUs and Interagency agreements (IAGs) between RRT member agencies are listed in
the RICP under Annex VII, "Interagency Support Agreements." A copy of the USCG/EPA MOU
is listed in Annex 1 of this Plan.
300.515 Requirements for State Involvement in Remedial and Enforcement Responses
[Reserved]
"•Under development - enforcement procedures and protocols
300.520 State Involvement in EPA/USCG-lead Enforcement Negotiations
EPA/USCG shall notify States of response action negotiations to be conducted by EPA/USCG
with PRPs during each fiscal year.
The State shall notify EPA/USCG of any such negotiations in which it intends to participate.
The State is not foreclosed from signing a consent decree if it does not participate substantially
in the negotiations.
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State Involvement in Removal Actions
For Fund reimbursement, the State must fulfill requirements established by the NPFC, including
PRP determination and documentation requirements. See Appendix E (underdevelopment).
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SUBPART G. TRUSTEES FOR NATURAL RESOURCES
A. Designation of Natural Resource Trustees:
CERCLA and OPA require the designation of certain Federal, State, and Indian Tribal officials
to act on behalf of the public as trustees for natural resources which they manage or protect. As
trustees, these officials are authorized to assess monetary damages for resources injured, lost, or
destroyed as a result of a discharge of oil or release of hazardous substances. In addition, agencies
are authorized to seek damages from the responsible party, and to devise and carry out restoration,
rehabilitation and replacement. Where more than one trustee has jurisdiction over a resource, these
agencies are encouraged to coordinate and cooperate in carrying out the activities described herein.
RRT representatives from trustee agencies may also serve as contact points regarding agency
policy on trustee resources.
B. Definition of Natural Resources (CERCLA Sec. 101(16)):
Land, fish, wildlife, biota, air water, ground water, drinking water supplies, and other such
resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the
United States, any State or local government, or Indian tribe.
C. Notification and Consultation by OSCs:
To minimize impacts to natural resources and assist trustees in carrying out their responsibilities,
the OSCs are required to:
1. Promptly notify Federal and State agencies designated as natural resource trustees of actual or
potential discharges or releases.
2. Consult with trustees and other natural resource managers in determining such effects.
3. Coordinate all response activities with the trustees, and other natural resource managers, in
determining such effects.
4. Make available to trustees documentation and information that can assist the trustees in
determining actual or potential natural resource injuries.
5. Consult with DOI on all incidents and response activities that may affect Federal threatened
or endangered species, or their habitats.
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The trustees, consistent with procedures specified in the Fish and Wildlife and Sensitive
Environments Plan Annex, shall provide timely advice on recommended actions concerning trustee
resources that are potentially affected by a discharge of oil or release of hazardous substances. This
may include providing assistance to the OSC in identifying/recommending preapproved response
techniques and in predesignating shoreline types and areas ,
300.600 Designation of Federal Trustees
The following Federal officials have been designated by the President as trustees for natural
resources within Region VII:
a. The Secretary of the Interior, including:
National Park Service: National Parks, National Monuments, National Historic Sites, National
Recreation Areas, Wild and Scenic Rivers, etc.
U.S. Fish and Wildlife Service: National Wildlife Refuges, National Fish Hatcheries, Waterfowl
Production Areas; migratory birds; threatened and endangered species; and anadromous fish.
Bureau of Reclamation: Lands and waters managed or protected in association with Reclamation
dams, reservoirs, and water conveyance systems.
Bureau of Land Management: Public lands, Federally owned minerals (underlying private as well
as public lands).
Bureau of Indian Affairs: Indian reservations, and other lands or natural resources held in trust
for an Indian Tribe (including off-reservation natural resources).
In cases where the United States acts on behalf of an Indian Tribe, the Secretary of the Interior
also acts as trustee for natural resources for which an Indian Tribe would otherwise act as trustee.
Contact: DOI RRT Representative.
b. Secretary of Agriculture
U.S. Forest Service: National Forests, National Grasslands.
Contact: USDA/Forest Service RRT representative.
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c. Secretary of Defense
Military Lands
Contact: DOD U.S. Army RRT representative.
Corps of Engineers Project Lands
Contact: USACE RRT representative.
d. Secretary of Energy
DOE lands and facilities
Contact: DOE RRT representative
Note: Refer to Appendix D.3 for RRT representatives.
300.605 State Trustees
Pursuant to 33 U.S.C. § 2706(b), the governor of each State shall designate State and local
officials who may act on behalf of the public as trustee for natural resources and shall notify the
President of the designation.
Natural resources under State jurisdiction include all fish, wildlife and biota, including a shared
trusteeship with the Federal government for certain plants and animals; air, surface and ground
water, and land. State trustees for natural resources within Region VII are:
Iowa - Director of the Iowa Department of Natural Resources.
Kansas - Secretary of the Kansas Department of Health and Environment.
Missouri - Director of the Missouri Department of Natural Resources.
Nebraska - Director of the Nebraska Department of Environmental Quality.
300.610 Indian Tribes
The Tribal Chair or head of the Tribal governing body, or person designated by Tribal officials,
acts as the trustee.
Natural resources under Indian Tribal trusteeship include lands and other natural resources
belonging to, managed by, controlled by, or otherwise appertaining to the Tribe; or held in trust for
the Tribe; or belonging to a member of the Tribe (if subject to a trust restriction on alienation).
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300.615 Function of Trustees:
This section remains as presented in the NCP, 300,615.
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SUBPART H PARTICIPATION BY OTHER PERSONS
300.700 Activities by Other Persons.
Participation by private parties in both planning and response is encouraged, PRPs are
encouraged to undertake response actions in an adequate and timely manner, based on the judgement
of the FOSC.
Landowners are also encouraged to participate in planning and response. The landowner is a
valuable resource due to his or her local knowledge. The landowner, to the extent practical and
based on the FOSC's judgement, may be included in the planning and response activities, under
direction of the FOSC. Landowners that provide access to or are affected by a spill have jurisdiction
over their lands, and warrant special consideration by the responding agency or unified command.
In the event that an incident poses, or has the potential to pose, an imminent threat to human health
and/or the environment, it is in the best interest of the landowner to provide access to a FOSC,
In addition, OPA 90 authorized filing of claims against the OSLTF by other persons. To file a
claim, contact the Director, NPFC, 4200 Wilson Boulevard, Suite 1000, Arlington, VA 22203-
1804, telephone (703) 235-4756.
Responsible Party Policy
The RP has primary responsibility for cleanup of an oil discharge or release of hazardous
substances. Section 311(c)(3)(b) of CWA, 33 U.S.C. § 1321(C)(3)(B), requires a facility owner or
operator participating in removal efforts to act in accordance with the NCP and all other applicable
response plans. Section 31 l(j)(5)(c) of the CWA requires that these response plans shall:
(i) be consistent with the requirements of the NCP and this RICP;
(ii) identify the qualified individual having full authority to implement removal actions, and
require immediate communications between that individual and the appropriate Federal official and
the persons providing personnel and equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or other means approved by the President the availability of
private personnel and equipment necessary to remove to the maximum extent practicable a WCD
(including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial
threat of such a discharge;
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(iv) describe the training, equipment testing, periodic unannounced drills, and response actions
of persons on the vessel or at the facility to be carried out under the plan to ensure the safety of the
vessel of the facility and to mitigate or prevent the discharge, or substantial threat of a discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant change [33 U.S.C. § 1321 Cj)(5)(c)],
All owners or operators of a tank vessel or facility who are required by OPA to submit a response
plan shall do so in accordance with applicable regulations. Facility and tank vessel response plan
regulations, including plan requirements, are found in 33 CFR § 154 and 40 CFR §112, respectively.
Prior to approval, facility and vessel response plans shall be reviewed for consistency with this RICP
and appropriate sub-area contingency plans.
As defined in OPA, each RP for a vessel or a facility from which oil is discharged, or which poses
a substantial threat of a discharge, into or upon the navigable waters or adjoining shorelines or the
Exclusive Economic Zone is liable for the removal costs and damages specified in Section 311(f)
of CWA, 33 U.S.C. § 311(F). Any removal activity undertaken by the RP must be consistent with
the provisions of the NCP and this RICP and the applicable response plan required by OPA. If
directed by the FOSC at any time during the removal activities, the RP must act accordingly.
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SUBPART I ADMINISTRATIVE RECORD FOR SELECTION OF RESPONSE
ACTION
Subpart I of the NCP, 40 C.F.R. § 300.800, addresses administrative record keeping for selection
"of response actions and is incorporated herein by reference to the extent that it applies to emergency
response.
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SUBPART J CHEMICAL COUNTERMEASURES
Subpart J of the NCP, 40 C.F.R, § 300.900, addresses the use of dispersants and other chemical
countermeasures, and is incorporated herein by reference. In addition, Section 311 (j) of the CWA
requires that each Area Committee work with State and local officials to expedite decisions for the
use of dispersants and other mitigating substances and devices.
The trustees, consistent with procedures specified in the FWSEA shall provide timely advice on
recommended actions concerning trustee resources that are potentially affected by a discharge of oil.
This may include providing assistance to the OSC in identifying/recommending preapproved
response techniques and in predesignating shoreline types and areas.
Region VII does not promote the use of dispersants, other oil emulsifiers, surface collecting
agents, biological additives, burning agents or miscellaneous oil spill control agents on surface
water, particularly near sensitive wetlands or water supplies (freshwater systems). Such use only
adds to the potential for serious impact of already released petroleum products. This stance is
necessary to protect fragile aquifers, sensitive ecosystems and many potential and existing surface
and subsurface water intakes (potable and non potable) in Region VII.
The Region recognizes, however, such agents may have some limited applicability. The FOSC
and/or RP shall obtain approval~on a case-by-case basis before such materials are applied-from the
EPA representative to the RRT, the RRT representative from the State(s) with jurisdiction over the
surface waters threatened by the release or discharge, and shall consult with the appropriate Federal
and State natural resource trustees and land management agencies.
Dispersant use may also be applicable for circumstances involving contaminated surface or
subsurface soil systems where there is not an immediate threat to surface water or ground water
quality, particularly in an emergency situation when, in the judgment of the OSC, the use of the
product is necessary to prevent, or substantially reduce, a hazard to human life or sensitive
ecosystem(s). An example would be a highway spill where immediate removal of the spilled
material through use of a dispersant may cause soil contamination. Under these circumstances, the
OSC is to inform the EPA RRT representative, the State RRT representative, and the appropriate
Federal natural resource trustee(s) and land management agencies, of the use of a product as soon
as possible. Furthermore, the OSC will obtain concurrence or comments regarding its continued use
once the threat to human life or sensitive ecosystem(s) has subsided. The OSC shall make maximum
use of absorbents and other physical means to remove as much surface contamination as possible
while restricting the use of chemical agents to a site-by-site, case-by-case usage.
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NCP Product Schedule
In accordance with Subpart J, EPA is to develop and maintain a schedule of dispersants and other
chemical or biological products that may be authorized for use on oil discharges. This schedule is
called the NCP Product Schedule. Difficulties or delays in obtaining the schedule or receiving
specific information/guidance regarding products on the schedule should be communicated to ERD
and the NRT Chair. The NCP Product Schedule is available through:
1. EPA cc-Mail
2. NOAA First Class Information System
3. EPA's CLU-IN Bulletin Board
The predesignated OSC may authorize the use of dispersants, surface collecting agents, biological
additives, or miscellaneous oil spill control agents on the discharged oil, if the material to be used
is listed on the NCP Product Schedule. However, before the decision regarding dispersant use, the
incident-specific OSC must obtain the concurrence of the EPA representative to the RRT, and as
appropriate, the concurrence of the appropriate RRT representative from the affected State or States
and consult with the appropriate natural resource trustees.
Products not included on the NCP Product Schedule, as well as those products included on the
schedule, may be authorized for use by the predesignated OSC without first obtaining the
concurrence of the EPA RRT representative or the State RRT representative, when, in the judgment
of the OSC. the use of the product is necessary to prevent or substantially reduce a hazard to human
life. The OSC shall inform the EPA RRT representative and, as appropriate, the RRT
representative(s) from the affected State(s) and when practicable the natural resource trustees of the
use of such dispersant or other chemicals when possible once the threat to human life has subsided.
This section will be expanded when the Region VII RRT is made aware of dispersant technology
that may be applicable within Region VII, tested by case studies and documented by incidents at
remote, controlled sites.
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APPENDIX A
1. FISH AND WILDLIFE AND SENSITIVE
ENVIRONMENTS PLAN
2. ENVIRONMENTALLY SENSITIVE AREAS
3. ECONOMICALLY SENSITIVE AREAS
A.3.a. Region VII Surface Water Intakes
A.3.b. Missouri and Mississippi
River Water Intakes
4. ENDANGERED OR THREATENED SPECIES
5. METROPOLITAN STATISTICAL AREAS (MSAs)
6. WETLANDS
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FISH AND WILDLIFE AND SENSITIVE
ENVIRONMENTS PLAN
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FISH AND WILDLIFE
AND
SENSITIVE ENVIRONMENTS PLAN
APPENDIX TO
REGION VII
INTEGRATED CONTINGENCY PLAN
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN
REGION VII INTEGRATED CONTINGENCY PLAN
Table of Contents
1.0 PURPOSE 1
2.0 SCOPE 1
3.0 OBJECTIVES 2
3.1 Identify and Establish Priorities for Resources at Risk 2
3.2 Determine Environmental Effects of Response and Counter-measures 2
3.3 Identify Fish and Wildlife Response Capabilities 2
3.4 Evaluate the Interface of the RICP with Non-Federal Plans 2
4.0 PRIORITIZATION OF RESOURCES AT RISK 3
4.1 Notification of and Consultation with Natural Resource Trustees 3
4.2 Consultation with Natural Resource Managers 4
4.3 Regional Description and Sensitive Areas 6
4.4 Areas of Economic Significance 9
5.0 DETERMINING THE ENVIRONMENTAL EFFECTS OF RESPONSE AND
COUNTERMEASURES 10
5.1 Impacts of Response Methods on Sensitive Environments and Habitats .10
5.2 Appropriate Response for Specific Sensitive Environments and Habitats 10
5.3 Monitoring Response Effectiveness - Monitoring Plans 12
6.0 FISH AND WILDLIFE RESPONSE CAPABILITIES 16
6.1 Technical Expertise and Assistance 16
6.2 Wildlife Protection 16
6.3 Wildlife Rescue and Rehabilitation 17
6.4 Other Roles and Responsibilities of Natural Resource Trustees 22
7.0 EVALUATING THE INTERFACE OF THE RICP WITH NON-FEDERAL PLANS
' 24
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1.0 PURPOSE
Oil or hazardous substances spilled into the environment may have a wide range of
ecological consequences. The severity of the consequences varies depending on the material spilled
and the ability of the ecosystem to degrade or resist the spilled product. Reducing the overall
ecological impact of a spill event and the impacts associated with response activities is the goal of
this Fish and Wildlife and Sensitive Environments Plan (FWSEP, also referred to as 'annex').
The purpose of this annex is to provide the Federal On Scene Coordinators (OSC) in U.S.
EPA Region VII (Region VII) with the information he/she needs to identify sensitive environments
and provide appropriate response strategies for limiting the overall negative environmental effects
of a spill. The annex will also aid in the development of Facility Response Plans required by 40
CFR 112.20.
2.0 SCOPE
The Region VII FWSEP develops a general overview of the sensitive areas and provides the
OSC with information to assist in the sensitive environment identification process. Deciding on
response techniques before a spill occurs is imperative to provide for a coordinated, immediate and
effective response. The FWSEP aids in the selection of the appropriate spill protection, recovery
and cleanup techniques that will help to minimize the ecological impacts of a spill.
The task of identifying all the environmentally sensitive areas in Region VII and prioritizing
them is an enormous undertaking, and will be done gradually. The FWSEP helps to identify
sensitive environments that could be impacted by spills into water bodies within the Region,
The FWSEP also establishes procedures and policy for meeting the objectives set forth in
the National Contingency Plan (NCP); and should be used to aid responders and planners in
prioritizing and evaluating response techniques for spills in various freshwater environments and
shoreline habitats. This annex aids the Area Committee in identifying special areas of concern.
Those special areas of concern will be examined in detail in the Sub-Area planning phase of the
Regional Integrated Contingency Plan (RICP) development.
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3.0 OBJECTIVES
The National Contingency Plan (40 CFR §300.210(c)(4)(f)) delineates the objectives of this
annex. The objectives have been organized into four general sections:
3.1 Identify and Establish Priorities for Resources at Risk
Natural resources, other sensitive resources, and appropriate resource trustees are identified.
Agencies to be notified and consulted in establishing incident-specific priorities for the protection
of these resources are provided. Sensitive resources identified include environmentally sensitive
lands, freshwater environments, and areas of economic significance (Section 4.0).
3.2 Determine Environmental Effects of Response and Countermeasures
The probable impacts of various response methods on general environments and habitats are
provided. Methods for determining and approving the appropriate response techniques for specific
environments and habitats, and monitoring the effectiveness of response activities are outlined
(Section 5.0).
3.3 Identify Fish and Wildlife Response Capabilities
State and Federal response capabilities and the contacts for permitting wildlife rescue and
rehabilitation are outlined. Prearranging and acquiring the appropriate response equipment,
personnel and mutual aid agreements and defining the OSHA training requirements for volunteers
assigned to fish and wildlife rescue are also discussed (Section 6.0).
3.4 Evaluate the Interface of the RICP with Non-Federal Plans
The compatibility of this annex with non-Federal response plans on issues affecting fish,
wildlife, their habitats and sensitive environments is evaluated (Section 7.0).
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4.0 PRIORITIZATION OF RESOURCES AT RISK
To ensure that proper measures are taken to minimize the impacts of a spill on ecological and
economic resources, the OSC or Responsible Party must be aware of sensitive environments and/or
important resource areas. Identifying sensitive areas should be accomplished before a spill event
occurs. Environmentally sensitive areas were identified by the various Natural Resource Trustees
and other natural resource management agencies. Response strategies vary depending on the
material spilled and the spill location. It is critical that responders realize that an immediate, but
improper response, may be more damaging than waiting for the mobilization of a proper response.
Critical to choosing an appropriate response is understanding the aquatic environments and habitats,
and their sensitivities.
4.1 Notification of and Consultation with Natural Resource Trustees
Prompt notification of and consultation with the natural resource trustees and other natural
resource management agencies is imperative so that their expertise can be utilized in identifying and
protecting sensitive environments.
Pursuant to Subpart G of the National Contingency Plan, the following agencies have been
designated as trustees for natural resources:
Department of the Interior
Department of Agriculture, Forest Service
Department of Defense
Department of Energy
Kansas Department of Health and Environment
Nebraska Department of Environmental Quality
Iowa Department of Natural Resources
Missouri Department of Natural Resources
Appropriate contacts within these agencies are included in Appendix D.
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4.2 Consultation with Natural Resource Managers
In addition to the designated natural resource trustees, there are numerous Federal and State
agencies with land and resource management responsibilities and/or expertise which need to be
consulted regarding removal actions:
Department of the Interior
- U.S. Fish and Wildlife Service (USFWS)
- National Park Service
Department of Agriculture
- Forest Service
State of Iowa
- Department of Natural Resources
State of Kansas
- Wildlife and Parks Department
State of Nebraska
- Game and Parks Commission
- Natural Resources Commission
- Department of Water Resources
State of Missouri
- Department of Natural Resources
- Department of Conservation
Appropriate contacts within these agencies are included in Appendix D.
Figure 1: Protection Priorities Mechanism
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A.l Page 5
Figure 1
NOTIFICATION AND CONSULTATION FLOW CHART
DISCHARGE/RELEASE
Is it a Reportable Spill
Yes
No
Call the NRC at 1-800-424-8802 and State Agency
I OSC Notifies Federal arid State Natural Resource Trustees and consults with them or their appropriate natural resource managers regarding
possible effects to Environmentally Sensitive Areas [See Section 4.1]
No Federal Notification
Required
1 Sensitive Areas Not
| Affected/Threatened
Define Protection Priorities in Consultation with Natural Resource Trustees and Natural Resource Managers
[See Section 4.1 and 4.2]
Proceed with Response
1 Threatened and Endangered
1 Species/Critical Habitat/
1 Migratory Birds/
1 Rivers/Streams/Lakes
State Parks/
Recreation Areas
Dams/Reservoirs
National Parks/
Lakeshores/Monuments/
Preserves/Trails/
Historic Sites
Indian
Tribal
Lands
Wilderness Areas/Wild
and Scenic Rivers/
National Forests/
BLM Lands
Wildlife Refuges
Fish Hatcheries
Waterfowl Production Areas
Wetland Management Areas
National Conservation Areas
U.S. FWS
State Trustees/
Environmental Agencies
State Parks, COE
Bureau of Rec.
NPS
Indian
Tribes
B1A
USFS, BLM,
U.S. FWS, NPS
U.S. FWS
State Fish & Game
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4.3 Regional Description and Sensitive Areas
There are many wildlife refuges, hatcheries, wild and scenic river reaches, water fowl
production areas, wetland management areas, national and state parks, monuments, preserves,
recreational areas, primitive archaeological and historical sites, heritage program areas and other
important resources located on or near the rivers and lakes of Region VII.
Appendix A divides the Region by state and lists threatened and endangered species, critical
habitats, environmentally sensitive areas, recreation areas, public and private water intakes. The
Natural Resource Trustee or other contact is listed in Appendix D, and the phone numbers for
contacts who should be notified and consulted. The appendix can be used by responders to quickly
identify the location of sensitive areas.
4.3.1 Threatened and Endangered Species
Threatened and endangered (T&E) species inhabit or are located near, almost every major
body of water in Region VII. The USFWS provides an updated list of T&E species by county for
the Region annually.
4.3.2 Freshwater Environments
Freshwater environments can be divided into three broad categories: standing water, such
as lakes and ponds; and flowing water, which includes streams and rivers; and wetlands.
Lakes and ponds
The near shore areas of standing freshwater environments usually support large quantities
of various animals and plants. Due to the water's relative stillness, spilled oil would tend to collect
and not be dispersed by wind, waves or currents. Lakes, ponds and their dependent populations are,
therefore, more vulnerable to an oil spill than freshwater environments that are constantly moving,
such as streams and rivers.
Streams and Rivers
Oil entering a stream or river will typically move downstream. Oil entering slower flowing
streams tends to remain on the surface while oil discharged to a high velocity turbulent stream
disperses throughout the entire stream water column. As a result of the turbulent agitation, oil may
become trapped in sediment along the stream bed, resulting in increased fatalities of benthic
organisms.
Stream reaches can be subdivided into three categories: low gradient; moderate gradient; and
high gradient.
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• Low gradient portions of a stream are characterized by: meandering channels; moderate
currents; wide zones of associated riparian vegetation; sand bars; intermediate oil residence
time; numerous collection sites; and restricted mixing into the water column.
• Moderate gradient portions of a stream are characterized by: intermittent rapids; moderately
wide channels; associated riparian vegetation; brisk currents; sand and gravel bars; short oil
residence time; few collection sites; and significant mixing into the water column.
• High gradient portions of a stream are characterized by: numerous rapids; narrow associated
riparian vegetation; strong currents; coarse gravel sediments; short oil residence time; no
collection sites; and intense mixing into the water column.
Wetlands
Wetlands are highly sensitive to oil spills. Wetlands such as freshwater swamps, marshes
and prairie potholes act as natural hatcheries, nesting areas, food sources, and watering areas for
terrestrial and aquatic wildlife. Therefore, they are crucial areas for wildlife support.
The Region's seasonality is a major consideration in preparing and planning for a response.
Ice and snow in the winter, fluctuations of river and stream water levels, and the migratory patterns
of wildlife all need to be addressed.
The classification of environmentally sensitive areas, their administering agencies and the
statutory authority include, but are not limited to:
• Critical Areas under the Clean Lakes Program [EPA, States, section 314 Clean Water
Act, (33 USC §1324)];
• Critical Habitats for Federal Designated Endangered or Threatened Species [USFWS,
Endangered Species ACT, (16 USC §1531, etseq.; 50 CFR 424.02)];
• Designated Federal Wilderness Areas [BLM, USFS, NPS, USFWS, National Wilderness
Preservation Act (16 USC §1131, et seq.)\,
• Federal Designated or Proposed Endangered or Threatened Species [USFWS,
Endangered Species Act (16 USC §1531, etseq.-, 50 CFR 424.02)]
• Federal and State Designated Wild and Scenic Rivers [BLM, USFS, NPS, USFWS,
States, National Wild and Scenic Rivers Act, (16 USC §§1271-1287)];
• National Conservation Areas [USFWS, Refuge Recreation Act, (16 USC § 460k, et seq.)\,
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• National Wildlife Refuges [USFWS, National Wildlife Refuge Administration Act of 1966
(16 USC §§ 668dd-668ee) or comparable state law];
• National Parks, National Monuments, National Lakeshore Recreational Areas [NFS,
Act of August 25,1916 (16 USC §1, et seq.)]\
• Waterfowl Management Areas are designated for the protection of habitat important to
waterfowl and are designated within the states' Wildlife Management Areas;
• Other areas of concern are wetlands which generally include swamps, marshes, bogs and
similar areas. Wetlands are defined in 40 CFR 230.3 and by USFWS, Wetland
Management Areas administered by the USFWS are crucial habitats for waterfowl
production.
[Relevant State statutes to be added.]
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4.4 Areas of Economic Significance
Responders need to identify and protect areas of economic importance. Public drinking
water intakes, industrial water users, aquaculture sites and agricultural water users could be
adversely impacted by a discharge of oil or other hazardous materials. Water intakes in shallow
lakes and rivers are at greatest risk to an oil spill. Timely response procedures which identify water
users and notify them of an on coming spill is imperative. With prompt notification, water
intakes/diversions can be shut down or boomed off. Water users other than municipal drinking water
intakes are still being identified.
Tourism is also of importance with numerous important fishing streams, boating and
canoeing areas, and other recreational activities associated with the Region's rivers and lakes.
Identifying and protecting these economic resources is critical to response considerations.
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1 Page 10
5.0 DETERMINING THE ENVIRONMENTAL EFFECTS OF RESPONSE AND
COUNTERMEASURES
Decisions on appropriate response and countermeasures should take into account the relative
impact of response methods on sensitive areas. Using the information collected on downstream
sensitive areas and spill response guidelines, informed decisions on appropriate protective measures
can be made. When deciding on a method of response, the most important consideration should be
the effectiveness of protecting habitats and removing spills of oil or other hazardous materials.
5.1 Impacts of Response Methods on Sensitive Environments and Habitats
The American Petroleum Institute and the National Oceanic and Atmospheric Administration
(API/NOAA) collaborated on a study for Inland Oil Spills and finalized their findings in May of
1994. This is the first comprehensive guidance on responding to freshwater inland spills.
API/NOAA classified specific oil response methods and their relative impacts on given
environments and habitats. Physical, chemical and biological response methods are discussed and
response impacts on the environment are classified as low impact, moderate impact, high impact and
ineffective or inapplicable.
Table 2, taken from the API/NOAA document, includes the findings for response method
impacts on water environments and shoreline habitats.
5.2 Appropriate Response for Specific Sensitive Environments and Habitats
Many of the issues dealing with appropriate response methods will be addressed in detail
during the Sub-Area Planning. Response sections of Sub-Area plans will include:
• Identifying specific areas of concern throughout the region and pre-planning for the products
most commonly spilled and the locations where spills most commonly occur;
• Response methods for habitats and sensitive areas using the API/NOAA guidance, Options
for Minimizing the Environmental Impacts of Freshwater Spill Response;
• Pre-approving appropriate removal actions including the use of chemicals and dispersants
per 40 CFR Subpart J - Use of Dispersant and Other Chemicals, §300.910.
• Locating access points, staging areas and boom anchor locations.
[Note - Additional guidance on response techniques is under development.]
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A.l
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Table 2
RELATIVE IMPACT OF RESPONSE METHODS IN THE ABSENCE OF OIL
Source- AP1/NOAA 1994
RESPONSE METHOD
Open
Water
WATER ENVIRONMENT
Small Large
Lakes/Ponds Rivers
Small Rivers/
Streams
1
1
1
j Bedrock
Man-made
Sand
SHORELINE HABITAT
Vegetated Sand and
Shores Gravel
Gravel
Mud
Wetlands
PHYSICAL RESPONSE METHODS
I
I
Natural Recovery
-
-
-
-
i
i
|
-
-
-
-
-
-
-
Dooming
L
L
L
L
¦
i
-
-
-
-
-
-
Skimming
L
L
L
L
i
i
-
-
-
-
-
-
-
Barriers/Berms
•
*
.
H
¦
i
-
-
*
-
- '
-
-
Physical Herding
L
L
L
L
i
i
i
-
-
•
-
-
-
-
Manual Oil Removal/Cleaning
L
H
L
M
l
' L
L
M
M
H
H
Mechanical Removal
L
H
I!
H
¦
i
i
M
M
H
M
M
H
H
Sorbents
L
L
L
L
¦
i L
L
L
L
L
L
M
M
Vacuum
L
L
L
L
L
L
L
M
L
L
H
M
Debris Removal
-
L
L
L
L
L
L
L
L
L
M
M
Sediment Reworking
-
H
-
H
i
i
-
M
H
M
M
11
H
Vegetation Removal
L
H
M
H
i
i
• ^
-
H
*
-
-
H
In-situ Burning
L
M
L
M
1 L
L
M
M
M
M
11
M
Flooding
-
-
-
-
L
L
L
L
M
L
L
L
Low-pressure, Cold-Water Flushing
-
-
-
-
L
M
L
L
M
H
L
High-Pressure, Cold-Watet Flushing
-
-
-
-
i L
L
H
H
H
H
H
H
Low-Pressure Hot-Water Flushing
-
-
-
-
| M
L
H
H
M
M
H
H
High Pressure, Hot-Water Flushing
-
-
*
-
j M
" L
H
H
H
H
II
H
Steam Cleaning
-
-
-
-
j M
L
H
H
M
M
H
H
Sand Blasting
-
-
. .
-
1 "
' M ''
*
~ V
-
-
-
-
CHEMICAL RESPONSE METHODS
t
j
Dispersants
L
H
L
H
i
-
• ;
. :
-
-
-
-
Demulsiflers
L
L
L
M
¦
i
-
( "
-
-
-
-
-
Visco-Elastic Agents
L
M
L
L
1
i
; - ;
-
. .. .
-
-
-
-
Herding Agents
L
M
L
H
i
i
-
-
-
-
-
-
-
Solid! fiers
L
L
L
L
i L
L
M
M
M
L
M
M
Chemical Shoreline Pretreatment
-
-
-
-
i 1
I
I
I
I
I
I
I
Shoreline Cleaners
-
-
-
-
j M
L
M
t
M
M
M
I
BIOLOGICAL RESPONSE METHODS
i
Nutrient Enrichment
L
M
L
L
i L
L
L
L
L
L
L
I
Natural Microbe Seeding
I
I
1
1
! I
1
1
1
I
I
1
1
L = I.ow; M = Moderate; II = High; I = Incomplete Informalion; = Ineffective or Inapplicable for Habitat.
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1
Page 12
5.3 Monitoring Response Effectiveness - Monitoring Plans
An oil spill is dynamic and cleanup efforts must change as conditions change. Over time,
the oil will spread, move downstream and weather. Climatic and geographic conditions may also
change. A continual monitoring program to ensure the maximum removal of oil and protection of
the environment throughout the duration of the cleanup is essential.
The OSC, in consultation with the natural resource trustees and the responsible party, will
monitor the effectiveness of response activities in protecting sensitive habitats and removing
discharges of oil or releases of hazardous substances. The OSC will consult with natural resource
trustees and natural resource agency managers regarding the need for and methods of an incident-
specific long-term monitoring plan. Efforts to control, contain and clean up the oil typically involve
a number of containment and recovery methods. These methods may include booms, barriers,
skimmers, sorbents, chemical agents, and manual recovery. As each of these methods has
limitations associated with them, continued monitoring is necessary to ensure a successful cleanup.
Monitoring will also be necessary to ensure that ecological impacts associated with the response
actions do not cause more harm than good. Monitoring activities may include visual observation,
sampling, data collection and evaluation, and replacement of saturated or defective material.
Consultation with the natural resource agencies is essential to minimize injury to fish and wildlife
and their habitats or other sensitive environments.
5.3.1 Monitoring Plan Outline
Section 300.210(E) of the NCP requires that the FWSEA provide monitoring plan(s) to
evaluate the effectiveness of different countermeasures or removal actions in protecting the
environment. This is an outline for such plans. Specific plans for each response need to be
developed in consultation with natural resource trustees and natural resource agency managers.
5.3.1.1 Objectives and Scope
Determine the effectiveness of the selected countermeasures or removal actions in
counteracting the effects of the discharge or release. Evaluate the environmental impact of these
activities.
5.3.1.2 Monitoring Plan Design
5.3.1.2.1 Monitoring Intensity Levels
The intensity of monitoring efforts may be adjusted to the intensity of the response. Field
activities consisting of reconnaissance, environmental parameters assessment, sampling and
documentation efforts, and laboratory activities should be conducted on a scale appropriate to the
response.
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5.3.1.2.2 Selection of Treated and Untreated Sites
Treated and untreated (or control) sites should exhibit similar chemical and physical
characteristics to support their comparability. The following criteria should be considered: (1)
environmental parameters, (2) physical habitat and geological morphology, and (3) degree of
contamination with the released substance and probability of further contamination.
5.3.1.3 Monitoring Parameters and Collection Frequency
Sampling at each site, water depth (as appropriate), and time should be performed in
triplicate. The size of samples collected should be based on the requirements of the analytical
methods to be used for their analysis.
5.3.1.4 Data Quality Requirements and Assessments
All data collection activities must be planned and conducted to produce data of known and
acceptable quality. To help ensure that these objectives are met, all contractors performing work as
part of the monitoring effort must submit a quality assurance plan. Parameters for defining data
quality include appropriateness of analities, detection limits, precision, accuracy, representativeness,
comparability, and completeness. Representativeness and comparability should be designed into the
monitoring plan through provisions for replicate sampling from remediated and control areas and
the use of standard, approved methods for sampling and laboratory analyses.
5.3.1.5 Sample Custody Procedures
Accurate identification and proper control of samples is important to help ensure the
acceptability and usability of the resulting analytical data. Having standard sample custody
procedures is particularly important where the individuals performing sample collection may vary
and where individuals collecting samples will not be the ones analyzing the samples. Where the
monitoring program is conducted by a contractor, the contractor should designate a sample custodian
who will ensure tracking of samples and that custody procedures are properly followed.
5.3.1.6 Sampling and Analytical Methods
All sampling and laboratory analyses should be developed in consultation with natural
resource trustees and natural resource managers and should follow EPA or other approved methods
unless otherwise stipulated or requested by the OSC.
5.3.1.7 Response Organization and Resource Requirements
The decision to implement a monitoring plan is made in accordance with the NCP and the
Region VII RICP. A project manager, under the direction of the OSC, is responsible for
implementing the plan.
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5.3.1.7.1 Proj ect Manager
Specific responsibilities of the project manager include: obtaining approval from the OSC
for the monitoring plan, assembling teams to perform observations and sampling as appropriate,
coordinating activities with the OSC to ensure operations do not interfere with response operations,
naming a sample custodian to handle sample transfers and chain of custody concerns, ensuring
representation from each RRT member agency that wishes to participate, ensuring consultation with
the natural resource trustees and natural resource managers, ensuring and documenting data quality,
and ensuring the preparation and submission of all required reports. Other personnel required will
be dependent on the size of the spill and of the monitoring effort.
5.3.1.7.2 Equipment Requirements
Equipment requirements will be determined by the scope of the monitoring effort. However,
sufficient equipment to complete required sampling and photodocumentation must be available.
5.3.1.8 Data Validation
All data will be subject to a thorough check by the OSC and the monitoring Project Manager,
or their designated representative, for errors in transcription, calculation, or computer input. In
addition, the Project Manager will review all incident logs, sample logs, and data forms to ensure
that requirements for documentation and data quality assessment have been met.
5.3.1.9 Performance and System Audits
To help ensure that work is being performed - whether by contractor, EPA, or state personnel
- is progressing in accordance with the monitoring plan and specified objectives and procedures, the
OSC, through the monitoring project manager, maintains the right to conduct performance or system
audits of field and laboratory collection activities. The categories of audits are described below:
Management System Reviews - Evaluate the Quality Assurance Program of an organization, such
as a firm contracted to conduct a monitoring project or a laboratory sample analyses. The purpose
of this review is to verify whether the quality assurance management procedures stated by the
contractor are in place prior to a contract award.
Data Quality Audits — Evaluate a data set, or all data sets, of a particular project, by comparing the
data set against specified data quality requirements for that data set.
Technical System Audits — Evaluate the actual environmental measurement data-collection systems
and their associated quality control systems. These audits involve on-site auditing of field sampling
activities, field measurement activities, and laboratory analytical procedures.
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Performance Audits — Evaluate analytical methods and procedures of a laboratory. These audits are
conducted by submitting performance evaluation samples to a laboratory for analysis. The samples
should contain specific pollutants in known matrices whose concentration and identity are unknown
to the testing laboratory.
5.3.1.10 Documentation and Reporting
During the course of response activities and accompanying monitoring efforts, the following
reports should be prepared and submitted to the OSC:
Activity reports - Provide descriptions of the response activity area, weather, unique observations,
and activities undertaken, as well as the names, affiliations and signatures of persons on site.
Activity reports should be prepared whenever activities on a site are undertaken.
Analytical reports — Provide laboratory analysis results of environmental and control samples.
Analytical reports should be prepared and submitted by the analytical lab within 10 days after receipt
of environmental samples for analysis.
After action report — Provides a description of the overall bioremediation activity and accompanying
monitoring effort, including results of both field and laboratory activities.
5.3.1.11 Revising Plans and Procedures
Monitoring plans should include provisions for modifications, including additional
consultation with natural resource trustees and natural resource managers.
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6.0 FISH AND WILDLIFE RESPONSE CAPABILITIES
In addition to consultation and coordination with natural resource trustees and other natural
resource management agencies during the pre-spill planning phase to identify and understand
potential natural resource concerns, consultation and coordination with these agencies during the
response is also essential. Fish and wildlife response capabilities include:
6.1 Technical Expertise and Assistance
During a response, natural resource trustees and managers will provide technical assistance
and expertise on potential effects of oil on fish and wildlife and their habitats or other sensitive
environments that can be found in the impacted area. They are familiar with the area or habitats
affected and are able to provide recommendations on the best locations for staging areas, access
points, or anchor locations. They will recommend specific habitats where protective measures
should be taken and provide advice on response actions to be taken. They can assist in the
development of a monitoring plan and subsequent collection of data. Finally, the U.S. Fish and
Wildlife Service and the State wildlife agency will direct or provide oversight for the protection,
rescue, and rehabilitation of fisheries and wildlife.
6.2 Wildlife Protection
When an oil spill occurs, natural resource trustees or managers will provide timely advice
on the necessary measures to protect wildlife from exposure to oil and the priority and timing of such
measures. Protective measures may include all or a combination of the following:
• preventthe oil from reaching areas where migratory birds and other wildlife are located by
either containing or recovering the oil, or
• deter birds or other wildlife from entering areas already affected by oil by using wildlife
hazing devices or methods.
Wildlife hazing devices or methods are generally grouped into visual or auditory, or a
combination of both. The types of equipment used and where they can be obtained can be found in
Attachment 1. In an emergency, the USFWS, the State wildlife agency, or a local animal damage
control agent may be able to locate and provide this equipment.
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6.3 Wildlife Rescue and Rehabilitation
If exposure of birds and other wildlife to oil cannot be prevented, an immediate decision will
need to be made whether to capture and rehabilitate oiled birds and other wildlife. The Department
of the Interior (DOI) has statutory responsibilities for the protection of migratory birds and
Federally-listed threatened and endangered species, which are carried out by the USFWS. If animals
other than migratory birds or Federally-listed threatened or endangered species are found injured,
the responsible agency would typically be the State wildlife agency. The decision to rescue and
rehabilitate oiled wildlife must be made in consultation with the applicable State and Federal natural
resource agencies as State and Federal permits are required by law.
State and Federal permits are required to collect, possess, treat and band migratory birds and
threatened and endangered species. The laws and regulations that require such permits are as
follows:
Migratory Bird Treaty Act of 1918, as amended, 16 U.S.C. 703 et seq - No person shall
take, possess, import, export, transport, sell, purchase or barter, any migratory bird, or the parts,
nests, or eggs of such bird except as permitted under the terms of a valid permit issued by U.S. Fish
and Wildlife Service pursuant to the provisions of 50 CFR 21 and 50 CFR 13. Enforcement
authority and penalties for violations are provided.
Bald Eagle Protection Act of 1940, as amended, 16 U.S.C. 668 et seq - No person shall
take, possess, or transport any bald eagle or any golden eagle, or the parts, nests, or eggs of such
birds except as permitted under the terms of a valid permit issued by USFWS pursuant to 50 CFR
22 and 50 CFR 13. Enforcement authority and penalties for violations are provided.
Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq - It is unlawful for
any person to commit, attempt to commit, solicit another to commit, or cause to be committed the
import or export, take, possession, sale or offer for sale any endangered species except as permitted
under the terms of a valid permit issued by the U.S. Fish and Wildlife Service pursuant to 50 CFR
17. Enforcement authority and penalties for violations are provided.
[Relevant State laws are to be added].
If rescue and rehabilitation efforts are deemed worthwhile, one Federal permit is required for
oiled migratory birds and one Federal permit is required for oiled threatened and endangered species.
Each of these permits may encompass more than one species. If a bird is considered a migratory
bird, but is also a threatened or endangered species, it should be listed under the threatened and
endangered species permit.
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APPENDIX - A.l
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USFWS personnel will handle all federal permit activities through the field office
responsible for the area where the spill occurs. State permits must be handled through the
applicable state agency office. The offices that should be contacted to initiate the permitting
peocess are:
Iowa U.S. Fish and Wildlife Service
4469 48th Avenue Court
Rock Island, Illinois 61201
309-793-5800
Fax: 793-5804
Iowa Department of Natural Resources
Licensing Bureau
Wallace State Building
East 9th and Grand Street
Des Moines, Iowa 50319-0035
515-281-5638
Fax 281-6794
Kansas U.S. Fish and Wildlife Service
315 Houston, Suite E
Manhattan, Kansas 66502
913-539-3474
Fax 539-8567
Division of Fisheries and Wildlife
Kansas Dept. of Wildlife and Parks
512 Southeast 25th Avenue
Pratt, Kansas 67124-8174
316-672-5911
Fax 672-6020
Missouri U.S. Fish and Wildlife Service
608 Cherry
Columbia, Missouri 65201-7712
314-876-1911
Fax 876-1914
Wildlife Division
Missouri Department of Conservation
P.O. Box 180
Jefferson City, Missouri 65102
314-751-4115
Ext. 150
Fax 526-4663
Nebraska U.S. Fish and Wildlife Service
203 West Second Street
Federal Building, 2nd Floor
Grand Island. Nebraska 68801
308-382-6468
Fax 384-8835
Law Enforcement Division
Nebraska Game and Parks Commission
2200 North 33 rd Street
Lincoln. Nebraska 68503
402-471-0641
Fax 471-5528
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1 Page 19
All rescue and rehabilitation efforts will be directed by the USFWS and the State wildlife
agency, including the notification of a qualified wildlife rehabilitation organization and
obtaining the necessary permits. The following criteria will be used by the USFWS and State
wildlife agencies in selecting a rehabilitator:
Guidelines for Selection of Wildlife Rehabilitator
• Wildlife rehabilitator must have, or be able to obtain, the appropriate Federal and State permits
and licenses to collect, possess, treat, and band migratory birds or threatened and endangered
species.
• Wildlife rehabilitator must demonstrate high standards of practice, treatment, conduct, and
ethics as reflected by organization such as the National Wildlife Rehabilitator Association, the
American Veterinarian Association and the American Society for Prevention of Cruelty to
Animals.
• Wildlife rehabilitator must have adequate liability insurance to protect both staff and
volunteers.
• Wildlife rehabilitator should have a proven record and experience in rescue and rehabilitation
of oiled wildlife.
• Wildlife rehabilitator must comply with all applicable Federal (Occupational Safety and Health
Administration, etc.) and state safety regulations to protect staff and volunteers. Two
organizations, International Bird Rescue in Berkeley, California, and Tri-State Bird Rescue and
Research, Inc. in Newark, Delaware, have become recognized experts in oiled bird
rehabilitation:
Tri-State Bird Rescue and Research, Inc. 302-737-7241
110 Possum Hollow Road Fax 302-737-9562
Newark, Delaware 19711 24 hr pager
800-710-0695 or 0696
International Bird Rescue Research Center
699 Potter Street
Berkeley, California 94710
Both organizations have extensive experience in bird rescue and rehabilitation and have
worked both with government and industry. In addition, other more local, less well known bird
rehabilitation organizations may also have such expertise in this area. Veterinarians and researchers
from USFWS, other federal agencies, and state wildlife agencies and universities may also provide
assistance and expertise during rehabilitation efforts.
510-841-9086
Fax 510-841-9089
Revision One 12/96
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1
Page 20
All rescue and rehabilitation efforts will be directed by the USFWS and the State wildlife
agency, including the notification of a qualified wildlife rehabilitation organization and
obtaining the necessary permits.
Health and Safety Concerns in Wildlife Rescue and Rehabilitation
Two Occupational Safety and Health Administration (OSHA) regulations cover the majority
of occupational health and safety issues encountered during wildlife rescue and rehabilitation.
The Hazardous Wastes Operations and Emergency Response (29 CFR 1910.120) regulates
organizations or individuals directly involved in on-site (hot-zone) retrieval or clean-up efforts. In
addition, each state may have its own worker safety requirements; coordination with the appropriate
state agency should be conducted to ensure these requirements are also met.
The Hazard Communication Standard (29 CFR 1910.1200), also known as "Right to Know Law"
or "HazCom" requires that all chemicals in the work place be fully evaluated for possible physical
or health hazards and that all information relating to these hazards be made available to all workers.
HazCom applies to rehabilitation organizations because petroleum is considered a human health
hazard.
Rehabilitation organizations are legally required to educate and protect all employees,
including volunteers. Individuals working with oiled animals need information of all potential
hazards associated with the handling of these animals. The following minimum requirements should
be applied to wildlife rescue and rehabilitation personnel, including volunteers:
• Wildlife rescue and rehabilitation management personnel - this is the core team of certified
rehabilitators who will direct operations. These people must have 24 hours of classroom
training in hazardous waste operations and emergency response.
• Rehabilitation facility volunteers - these volunteers work under the direction of the facility
management team and are not allowed on-scene, nor in the hot-zone, unless additional training
is provided (see Retrieval volunteers). Volunteers working in this category must receive four
hours of training in the Hazard Communication Program before they can begin work.
• Retrieval volunteers - these volunteers work under the direction of the search and rescue
management team and are allowed on-scene, but not in the hot zone. Volunteers working in
this category must receive between 4-8 hours of training in the Hazard Communication
Program before they can begin work.
• Anv hot-zone retrieval of animals would need to be performed by someone with 40 hours of
classroom safety training for hazardous waste workers that meets OSHA guidelines, including
eight hour annual refresher training.
Revision One 12/96
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A, I Page 21
The OSC, in consultation with OSHA's representative to the Regional Response Team,
has responsibility for making assessments when training requirements are in question.
(The NCP 300.210 (c) II (H) states that the annex will identify and secure the means of
providing, if needed, the minimum required OSHA and EPA training for volunteers, including those
who assist with injured wildlife.)
A Hazard Communication Program should contain all of the following elements:
the nature of the oil and how its composition may change with the effect of weathering,
the nature of other hazardous chemicals that may be contacted during rehabilitation efforts,
routes of entry of these chemicals
signs and symptoms of chemical exposure
protective measures, including work practices and personal protective equipment (PPE, with
training on how to properly use)
environmental monitoring equipment
importance of personal hygiene
how to read a Material Safety Data Sheet and know what it means
first aid protocols and identification of medically trained personnel and first aid stations
storage and disposal of hazardous waste, including medical waste and PPE
training records of written curriculum, date and hours of instruction, instructor and student
names
Besides chemical hazards, other hazards such as mechanical, physical and biological hazards
are also present during rescue and rehabilitation activities. Workers must also be trained on these
hazards as well. In addition to the above, training elements may include the following:
Facility concerns:
behavior of oiled birds
proper animal restraint
personal protective equipment and clothing to protect from bloodborne pathogens and
zoonoses
proper heavy lifting techniques
safe working practices, e.g. no slippery or messy floors
electrical safety
Revision One 12/96
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A.l
Page 22
Field concerns (in addition to the above):
climatic conditions (e.g. cold, heat)
terrain
proper retrieval methods
vehicle safety (4-WD vehicle, boat)
water hazards
response operations hazards
Other safety concerns may occur at either the spill site or the rehabilitation facility. These
concerns should be addressed on a site-specific basis.
6.4 Other Roles and Responsibilities of Natural Resource Trustees
In the event of a spill, it may be necessary for natural resource trustees and managers to initiate
an assessment of damage to the environment as a result of the spill. The Natural Resource Damage
Assessment (NRDA) is the process by which trustees collect, compile and evaluate data, information
and statistics to determine the extent of injury to natural resources. This information is used to
assess damages, the dollar amount necessary to restore injured natural resources and compensate for
lost use as a result of the injury, and then to seek recovery of those damages from the responsible
party.
At the same time removal actions undertaken to contain and remove oil and wildlife rescue and
rehabilitation activities are occurring, the natural resource trustees may initiate NRDA activities.
These activities are usually initiated to acquire data and materials that are likely to be lost if not
collected during or immediately after a spill has occurred. Such field sampling and data collection
is typically limited to:
Samples necessary to preserve perishable materials likely to have been affected or contain
evidence of the oil. These samples will generally be biological material that is either dead or
has been visible injured by the oil.
Samples of other ephemeral conditions or materials, such as surface water, sediments, soil, or
the oil itself, which are necessary for identification and measurement of concentrations. These
samples would otherwise be lost because of such factors as dilution, movement,
decomposition, or leaching if not taken immediately.
Counts of dead or visibly injured organisms, which if delayed may not be possible because of
factors such as decomposition, scavengers, sinking, or water movement.
Revision One 12/96
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1 Page 23
In certain circumstances, a natural resource trustee may undertake emergency restoration
efforts consistent with its existing authority to prevent or reduce the immediate migration of oil onto
or into a trust resource. Emergency restoration would be undertaken by the trustee only if the
responsible party does not do it or the EPA is precluded under statutory authority from conducting
response and removal actions rapidly enough to protect natural resources.
Because initiation of natural resource damage assessment activities may occur concurrently
with removal actions as part of the response, all sampling and field work conducted by the natural
resource trustees must be coordinated with the lead response agency so as to minimize any
interference with response operations or duplication of sampling and data collection efforts. Prior
OSC approval is required for any work conducted in support of removal activities and before any
associated costs will be reimbursed by the Oil Spill Liability Trust Fund. Other activities performed
as part of initiation of damage assessments are reimbursable by the Oil Spill Liability Trust Fund
as long as these activities are approved in advance by the Fund Center.
Revision One 12/96
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX -A.I Page 24
7.0 EVALUATING THE INTERFACE OF THE RICP WITH NON-FEDERAL PLANS
The final rule on Oil Pollution Prevention for Non-Transportation-Related Onshore Facilities,
40 CFR Part 112, requires facilities with a total oil storage capacity greater than or equal to one
million gallons to submit response plans if located at a distance such that a discharge of oil could
cause injury (as defined at 40 CFR 112.2) to fish, wildlife, sensitive environments and public water
intakes.
Facility owners or operators must determine the distance at which an oil spill could cause
injury to fish and wildlife and sensitive environments and have a plan for mitigating a discharge's
adverse effect. The plan must be consistent with the requirements of the NCP and this RICP Annex.
EPA will review and approve Facility Response Plans for compatibility with this Annex;
pipeline plans in Region VII will be reviewed and approved by RSPA. Participation by facilities in
the Area and Subarea Committees is encouraged. Joint exercises will be conducted to test facility
plans and their interface with this Annex.
Revision One 12/96
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ATTACHMENT 1
WILDLIFE DAMAGE MANAGEMENT
EQUIPMENT SUPPLIERS
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FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS PLAN APPENDIX - A. 1 Page 26
Attachment 1
WILDLIFE DAMAGE MANAGEMENT
EQUIPMENT SUPPLIERS
Repellents
Electronic Alarm and Recorded Bird
Repellents
Evert Achterberg
P.O. Box 123
Escalon, CA 95320
(Double John Purivox Bird Scarer)
Adams Dominion, Inc.
1212 Weible Road
Crestwood, KY 40014
(502) 241-0241
(Animal Detection)
Air Birdstrike Prevention
15 Edgewood St.
Worcester, MA 01602
(301) 963-9270
(Radio-controlled planes)
Arkansas Electronic Consultants
800 Stanton Road
Little Rock, AR 72209
Av-Alarm Corp.
675-D Conger St.
Eugene, OR 97402
(503)342-1271
Coleman Equipment, Inc.
342 Madison Ave.
New York, NY 10017
(212) 687-2154
(vigil-andy)
Electronic Game Calls
210 W. Grand Ave.
Wisconsin Rapids, WI 54495
Falcon Safety Products Inc.
1065 Bristol Road
Mountainside, NJ 07092
(201)233-5000
(air horn)
Jennings Industries, Inc.
2730 Chanticleer Ave.
San Cruz, CA 95060
(408) 475-8311
Margo Horticultural Supplies Ltd.
RR 6 Site 8, Box 2
Calgary, Alberta T2M 4L5
Canada
(403)285-9731
(microwave motion detector)
Reed-Joseph International Co.
P.O. Box 894
Greenville, MS 38702
(800) 647-5554
(animal detection)
Signal Broadcasting Co.
2314 Broadway St.
Denver, CO 80205
(303) 295-0479
(distress call tapes)
Revision One 12/96
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WILDLIFE DAMAGE MANAGEMENT
EQUIPMENT SUPPLIERS
Tomko Enterprises Inc.
B.M. Lawrence & Co.
Rt. 58, RD #2
233 Sansome St.
P.O. Box 937-A
San Francisco, CA 94104
Riverhead, NY 11901
(415) 981-3650
(516) 727-3932
(Zon gun)
("clapper" device with timer)
McKinzie Scientific
Wrightman Electronics, Inc.
P.O. Box 1077
P.O. Box 989
1340 Kerr Ave.
Easton, MD 21601
Lancaster, OH 43130
(614)687-4617
Propane Exploders
Pisces Ind.
Alexander-Tagg Inc.
P.O. Box 6407
395 Jacksonville Rd.
Modesto, CA 95355
Warminster, PA 18974
(209) 578-5502
(215) 675-7200
Reed-Joseph International Co.
Coleman Equipment Inc.
P.O. Box 894
342 Madison Ave.
Greenville, MS 38702
New York, NY 10017
(800) 647-5554
(212) 687-2154
(vigil andy)
Smith-Roles
1367 S. Anna St.
M. J. Flynn Inc.
Wichita, KS 67209
Syracuse, NY
(316) 945-0295
(315)437-6536
(Zon gun)
Spring Ledge Farms
RD 3
C. Frensch Ltd.
Dundee, NY 14837
168 Main St. E.
Box 67
Teiso Kasei Co. Ltd.
Grimsby, Ontario L3M 1G4
350 S. Figueroa St., Suite 350
Canada
Los Angeles, CA 90071
(416) 945-3817
(213) 680-4349
Pete Konzak
USDA, APHIS, S&T, DWRC
Box 20
P.O. Box 25266, Building 16
Minnewaukan, ND 58351
Denver Federal Center
(701) 473-5646
Denver, CO 15
(jump-up scarecrow)
80225-0266
(303) 236-7877
.
(farmer fred)
Revision One 12/96
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WILDLIFE DAMAGE MANAGEMENT
EQUIPMENT SUPPLIERS
Pyrotechnic Devices
Reed-Joseph International Co.
The Bullseye Gunshop
P.O. Box 894
1081 Huntingdon Ave.
Greenville, MS 38702
Waterbury, CT 06704
(800) 647-5554
(203) 755-1055
Stoneco Inc.
California Seal Control Corp.
P.O. Box 187
P.O. Box 949
Dacono, CO 80514
San Pedro, CA 90733
(303) 833-2376
(310) 833-2681
(underwater explosives)
Sutton Ag. Ent.
1081 Harkins Rd.
Colonial Fireworks
Salinas, CA 93901
5956 Ivanhoe
(408) 422-9693
Ipsilanti, MI 48197
(313) 482-3272
Wald & Co.
208 Broadway
New Jersey Fireworks Co.
Kansas City, MO 64105
Box 118
(816) 842-9299
Vineland, NJ 08360
(rope firecrackers)
(609) 692-8030
(rope firecrackers)
Western Fireworks Co.
2542 SE 13th Ave.
O.C. Ag. Supply
Canby, OR 97103
1328 Allec St.
(503) 266-7770
Anaheim, CA 92805
(714) 991-0960
Revision One 12/96
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WILDLIFE DAMAGE MANAGEMENT
EQUIPMENT SUPPLIERS
Visual Bird Repellents
Atmospheric Instrumentation Research (AIR)
Inc.
1880 S. Flatiron Ct., Suite A
Boulder, CO 80301
(301)433-7187
(balloons, kites)
Bird-X
325 W. Huron St.
Chicago, IL 60610
(312)642-6871
(Raptor effigies, lights)
Coleman Equipment, Inc.
342 Madison Ave.
New York, NY 10017
(212) 687-2154
(vigil-andy)
R.E. Deitz Co.
225 Wilkinson St.
Syracuse, NY 13201
(315) 424-7400
(strobe lights)
Edmund Scientific Company
7977 EDSCORP Building
Barrington, NJ 08007
(609) 547-3488
(3' balloons)
The Huge Co.
7625 Page Blvd.
St. Louis, MO 63133
(800) 325-3371
(Raptor effigies, lights)
Kite City
1201 Front St.
Old Sacramento, CA 95814
(Hawk Kite)
Pete Konzak
Box 20
Minnewaukan, ND 58351
(701)473-5646
(jump-up scarecrow)
Mellingers
2310 W. South Range Rd.
N. Lima, OH 44452
(800)321-7444
(scarecrow)
Nishizawa (USA) Ltd.
112 W. 9th St., Suite 903
Los Angeles, CA 90015
(213)627-7491
(Mylar balloons, flash tape)
Offshore Sourcing Development
1240 Josephine Road
Roseville, MN 55113
(612) 633-2384
(balloons)
Orchard Equipment & Supply Co.
P.O. Box 540
Conway, MA 01341
(413) 369-4335
(balloons)
Pest Management Supply, Inc.
P.O. Box 938
Amherst, MA 01004
(413;-253-3747
(balloons, flash tape)
Raven Ind. Inc.
P.O. Box 1007
Sioux Falls, SD 57117
(605)336-2750
(balloons)
Revision One 12/96
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FEDERAL TRUSTEE CONTACTS
Department of the Interior
Robert F. Stewart
U.S. Department of the Interior
Building 56, Room 1018
Box 25007 (D-108)
Denver, CO 80225-0007
Telephone 303 236-6900, FAX 303 236-4093
Department of Agriculture
Department of Defense
STATE TRUSTEE CONTACTS
State of Iowa
Larry Wilson, Director
Iowa Department of Natural Resources
Wallace Building
900 East Grand
Des Moines, IA 50319
515 281-8694, FAX 515 281-8895
State of Kansas
(For CERCLA)
Robert C. Harder, Secretary
KS Department of Health and Environment
900 SW Jackson, Suite 620
Topeka, KS 66612-1290
Telephone 913 296-0461, FAX 913 296-1231
(For OP A)
Charles Jones, Director
Division of Environment
KS Department of Health and Environment
Forbes Field
Topeka, KS 66620-0001
Telephone 913 296-1535, FAX 913 296-8464
Revision One 12/96
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State of Missouri
Mr. David A. Shorr
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
Telephone 314 751-4422, FAX 314 751-7627
State of Nebraska
Mr. Randolph Wood, Director
Nebraska Department of Environmental Quality
Box 98922
Lincoln, NE 68509-8922
Telephone 402 471-2186
Revision One 12/96
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APPENDIX A.2
REGION VII
ENVIRONMENTALLY SENSITIVE AREAS
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Environmentally Sensitive Areas
The following list identifies ESAs in the EPA Regions VII by state, county, agency, type
and name. The database in a growing bank of information to be utliized with the understanding
that is limited in its data. Updates will be made periodically to acknowledge new ESAs or to add
information that may have been missed.
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Appendix A.2 contains a listing of Environmentally Sensitive Areas (ESAs) in Region VII.
The list has been accumulated by requesting information from Federal, state and local agencies
reqarding their areas of responsibility as recommended by the Oil Pollution Prevention; Non-
Transportation-Related Onshore Facilities; Final Rule, 40CFR Part 112. (See Table A)
Table A: Recommended ESAs and Current Status in Region VII ACP.
ENVIRONMINTALLY SENSTTVE AREAS
RESPONSIBLE
FEDERAL
AGENCY
STATUS IN
REGION VII
RICP
Wetlands, as defined in 40 CFR 230.3
EPA
Available.
See#! Wetlands
Critical habitat for designated or proposed endangered/threatened
species
NOAA/FWS
Listed
Habitat used by designated or proposed
endangered/threatened species or marine
mammals defined as depleted
NOAA/FWS
Under
development
Marine sancturies
NOAA
NA
National parks
DOI/NPS
Listed
Federal wilderness areas
USDA
Listed
Coast Zone Management Act designated
areas
NOAA
NA
National esturies
NOAA
Listed
Near coastal waters program areas
EPA
NA
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ENVIRONMENTALLY SENSITIVE AREAS
RESPONSIBLE
FEDERAL
AGENCY
STATUS IN
REGION VD
ACP
Clean lakes program critical areas
EPA
Under
development
National monuments
DOl/NPS
Listed
National seashore recreational areas
DOI/NPS
NA
National lakeshore recreational areas
DOi/NPS
Listed
National preserves
DOI/NPS
Listed
National wildlife refuges
NOAA/FWS
Listed
Coastal barrier resource system (units,
undeveloped, partially developed
DOI/FWS
NA
National river reach designated as
recreational
EPA
Listed
Federal or state designated scenic or
wild river
DOI/NPS
Listed
National conservation areas
DOI/BLM
Listed
Hatcheries
DOI/FWS
Listed
Waterfowl management areas
DOI/FWS
Listed
N'A = These ESAs are not applicalbe in Region VII
Listed = These ESAs are currently listed in Appendix A. 1
See #' = These ESAs are referenced and are avaiable through EPA
Region VII, EP&R. 25 Fumlon Rd. Kansas Cilv, KS 66! 15
(913) 550-5000
Acronyms
BLM - Bureau of Land Management
DOI - Department of Interior
EPA - Environmental Protection Agency
FWS - Fish and Wildlife Services
NOAA - National Oceanic and Atmospheric Administration
NPS - National Park Service
USD A - United State Department of Agriculture
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REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
IA
BIA
Federal Indian Reservation
Sac & Fox
_
1A
FWs
National Wildlife Refuge
De Soto NWR
IA
FWS
National Wildlife Refuge
DriftJess Area NWR
IA
FWS
National Wildlife Refuge
Osceola County WPA
IA
FWS
National Wildlife Refuge
Union Slough NWR
IA
FWS
National Wildlife Refuge
Upper Mississippi Refuge
LA
FWS
National Wildlife Refuge
Walnut Creek NWR
IA
IDNR
State Park
Ambrose A. Call
1.5 Mi. W. Algeria
IA
IDNR
State Park
Brush Creek Canyon
2 Mi. N Arlington
IA -
IDNR
State Park
Cedar Rock
3 Mi. N.W. Quasqueton
IA
IDNR
State Parte
Fort Atkins
Adjoins Ft. Atkinson - IA 24
IA
IDNR
State Park
Lake Wapello
6 Mi. W. DrakesviUe - IA 273
IA
IDNR
Slate Park
Marble Beach
2 Mi. NW Orleans -IA276
IA
IDNR
State Park
Okairiajipedan
3 Mi. N.E. Dolliver-Co. Rd.
IA
IDNR
State Park
Pleasant Creek
4 Mi. N. & .5 Mi. W. Palo
IA
IDNR
State Park
Plum Grove
1030 Carrol St, Iowa City
IA
IDNR
State Park
Preparation Canyon
5 Mi. S.W. Moorfiead - IA 372
IA
IDNR
State Park
Twin Lakes
7.5 MI N. Rockwell City -14
& 124
IA
IDNR
State Park
Walnut Woods
4 Mi. SWDEs Moines-IA5
IA
IDNR
State Park
Wanata
.5 Mi. S. Peterson - IA 10
IA
IDNR
State Park
Wilson Island Rec. Area
5 Mi. W. Loveland IA 362
IA
NPS
National Parte
Effigy Mounds Nat Monument
3 MI. N. of Marquette
IA
TNC
Project area
Ames High Prairie
IA
TNC
Project Area
Behrens Ponnd & Woodland
IA
TNC
Project Area
Berry Woods
IA
TNC
Project Area
Bluebell Hollow
IA
TNC
Project area
Cedar Hill Sand Prairie
IA
TNC
Project Area
Crossman Prairie
IA
TNC
Project Area
Finch Menorial Forest
Upper Iowa River
IA
TNC
Project Area
Freda Haflher Reserve
IA
TNC
Projects Area
Greiner Family Nature Preserve
N. of Muscatine
COE = U.S. Army Corps of Engineers NFS = Dol/National Parks Sevice
TNC = The Nature Conservancy USFS = United States Forest Service
IDNR = Iowa Dept Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA - Bureas of Indian Affairs
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REGION VH ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
IA
TNC
Prpject Are
Hanging Bog
IA
TNC
Prpject Area
Hoffman Prairie
IA
TNC
Project Areas
Howard Creek
IA
TNC
Projects Area
Kaufmann Avenue Prairie
Dubuque
IA
TNC
Project Area
Lock & Dam #14 Eagle Area
IA
TNC
Project Area
Moutain Maple Hollow
NEIowa
IA
TNC
Projects Area
Red Cedar Woodland
IA
TNC
Project Area
Retz Menorial Forest
IA
TNC
Projects Area
Roggman Boreal Slopes
IA
TNC
Projects areas
Savage Memorial Woods
IA
TNC
Project Area
Sioux City Prairie
IA
TNC
Project Area
Steele Prairie
IA
TNC
Project Area
The Diggings
IA
TNC
Project Area
Williams Prairie
IA
TWS
National Fish Hatchery
Fairport NFH
IA
Allamakee
NPS
Nat. Scenic River
Yellow River
Mississippi river to Hwy W60
near Myron
IA
Alianakee
IDNR
State Park
Yellow River Forest Camping
14 MI. SE Waukon - IA 76
IA
Appanoose
COE
Large Reservoir
Rathbun Lake
IA
Appnoose
IDNR
Stale Park
Honey Creek
.5 Ml, W/3.5S.E. Moravia
Hwy. 142
IA
Black Hawk
IDNR
State Park
George Wyth Memorial
Adjoining Cedar Falls - US 57
IA
Black Hawk
Nps
Nat Scenic River
Wapsipicion River
Mississippi River to Hwy. 334
atFrederika
IA
Boone
IDNR
State Park
Ledges
6 Mi. S. Boone-IA 164
IA
Bremer
NPS
Nat Scenic River
Wapsipinicon River
Mississippi River to Hwy. 334
atFrederika
IA
Bremer
TNC
Project Area
F: rr.vton-Horsley Prairie
IA
Buchanan
NPS
Nat. Scenic River
Wapsipincon River
Mississippi River to Hwy. 334
atFrederika
IA
Butler
TNC
Project Area
Big Marsh
near Allison
IA
Cass
IDNR
State Park
Lake Anita
5 Mi. S. Anita Interchange -1
80
IA
Cedar
NPS
National Park
Herbert Hover Historic Site
8 Mi. E of Iowa City
COE = U.S. Army Corps of Engineers NFS = Dol/National Parks Soviet
TNC = The Nature Conservancy USPS = United State Forest Service
IDNR = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
HAS = National Audubon Society
BIA = Bureas of Indian Affairs
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REGION VI'. ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
IA
Cedar
NPS
Nat Scenic River
Wapsipicon River
Mississippi River to Hwy. 334
at Frederika
IA
Cerro Gurdo
IDNR
State Park
Clear Lake
2 Mi S. Clear Lake - IA 106
IA
Cerro Gordo
IDNR
State Park
Mcintosh Woods
.75 Mi. E. Ventura - US 18
IA
Chickasaw
TNC
Project Area
Schrieder Prairie & Fen
IA
Clay
NPS
Natural Landmark
Dewey Pasture & Smith's Slough
4 Mi. NW of Ruthven
IA
Clay
TNC
Project Area
Lindstron-Simons Fen
IA
Clayton
IDNR
State Park
Bixby
2 Mi. N Edgewood
IA
Clayton
NPS
Nat. Secinic River
Turkey River
Mississippi River to Vernon
Springs
IA
Clinton
NPs
Nat. Scenic River
Wapsipinicon River
Mississippi River to Hwy. 334
at Frederika
IA
Dallas
COE
Large Reservoir
Saylorville Lake
IA
Dallas
TNC
Project Area
Dilvers-Smith Woods
access to Raccoon River
IA
Decatur
IDNR
State Park
Nine Eagles
6 Mi. SE Davis City - Co. RD.
IA
Delaware
IDNR
State Park
Backbone
4 Mi SW Strawberry Point - IA
410
LA
Dickinson
IDNR
State Park
Emerson Bay
2.5 Mi. N. Milford - IA 32
IA
Dickinson
IDNR
State Park
Gull Point
3.5 Mi. W. Milford - IA 32
IA
Dickinson
IDNR
State Park
Isthums Acess
N. Shore E. Okoboji Lake
IA
Dickinson
IDNR
State Park
Lower Gar Access
.5 Mi S.E. Arnolds Park US - 71
IA
Dickinson
IDNR
State Park
Mini-Wakan
N. shore Spirt Lake
IA
Dickinson
IDNR
State Park
Pikes Peak
2.5 Mi. SW Spirt Lake - IA 9
IA
Dickinson
IDNR
State Park
Piilsbury Point
Arnolds Park-US 71
IA
Dickinson
IDNR
State Park
Tempiar Park Rec. Area
3 Mi. N.W. Spirtlake-IA 276
IA
Dickinson
IDNR
State Park
Trappers Bay
Adjoins Lake Park - IA 219
IA
Dickinson
IDNR
State Park
Triboji Beach
N.W. Shore W. Okoboji Lake
IA
Dickinson
NPS
Natural Landmark
Caviar Prairie
5 Mi. NW of West Okaboji
IA
Dickinson
TNC
Project Area
Halbur Fen
IA
Dickinson
TNC
Project Area
Silver Lake Fen
IA
Dubuque
IDNR
State Park
Mines of Spain
S.edge of Dubuque - US 52
IA
Dubuque
NPS
Natural Landmark
White Pine Hollow Preserve
20 Mi/NW of Dubuque
IA
Emmet
IDNR
State Park
Fort Defiance
1 MI. W. Esterville - IA 9
IA
Fayette
IDNR
State Park
Volga River Rec. Area
4 Mi. n Fayette - IA 150
COE = U.S. Army Corps of Engineers NPS = Dol/National Parks Sevice
TNC = The Nature Conservancy USFS = United States Forest Service
IDN'R = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
IA
Fayette
Nat
Nat Scenic River
Turkey River
Mississippi River to Vernon
Springs
IA
Franklin
IDNR
Stale Park
Beeds Lake
3 ML N.W. Hampton-Co. Rd.
1A
Fremont
IDNR
State Paik
Waubonsie
7 Mi. SW Sidney - IA 239 - 2
IA
Guthrie
IDNR
State Parte
Springbrook
8 ML NE Guthrie Center - IA
25 & 384
IA
Hamilton
NFS
Natural Landmark
Anderson Goose Like
1 ML E. of Jewell
IA
Hardin
IDNR
State Park
Pine Lake
.5 ML N.E. Eldora - IA 118
IA
Harrison
NPS
Natural Landmark
Loess Hill
Turin & Little Sioux/Smith
Lake
IA
Henry
IDNR
State Park
Geode
4 Mi. SW Danville - Co. Rd.
IA
Howard
NPS
Natural Landmark
Hayden Prairie
12 Mi. NW of Cresco
IA
Howard
NPS
Nai. Scenic River
Turkey River
Mississippi River to Vemon
Springs
IA
Jackson
IDNR
State Park
Bcllevue
2.5 Mi. S. Belleuve - US 52
IA
Jackson
IDNR
State Park
Maquoketa Caves
7 Mi. N.W. Maquoketa-IA
428
IA
Jasper
IDNR
Stale Park
Rock Creek
6 ML N.E. Kellogg-Co. Rd.
IA
Johnson
COE
Large Reservoir
Coralville Lake
IA
Johnson
IDNR
State Park
Lake MacBride
4 Mi. W. Solon-IA 382
IA
Jones
IDNR
State Park
Wapsipinicon
Adjoins Anomosa - E 34
IA
Jones
NPS
Nat Scenic River
Maquoketa River
Mississippi River to US 151
IA
Jones
NPS
Nat Scenic River
Wapsipinicon River
Mississippi River to Hwy. 334
at Frederika
IA
Linn
IDNR
State Park
Palisades-Kepier
3.5 Mi. W. Mt Vemon - US 30
IA
Linn
NPS
Nat Scenic River
Waspinicon River
Mississippi River to Hwy. 334
at Frederika
IA
Louisa
NPS
Nat Scenic River
Cedar River
Iowa River to Highway 6
IA
Lucas
IDNR
State Park
Red Haw
1 Mi. E Chariton-US 34
IA
Lucas
IDNR
State Park
Stephens Forest Camping
W. Lucas, E. Chariton - US 65
-34
IA
Madison
IDNR
Stale Park
Badger Crock Roc. Area
6 Mi. SE Van Meter
IA
Mahaska
IDNR
State Park
Lake Keomah
5MIE. Oskaloosa-IA371
IA
Marion
COE
Large Reservoir
Lake Red Rock
IA
Marion
IDNR
State Park
Elk Rock (Red Rock)
7 MI. N Knoxville - IA 14
IA
Monona
IDNR
State Park
Lewis & Clark
3 Mil NW Onawa - IA 342
COE = U.S. Army Corps of Engineers NPS = Dol/National Parks Sevice FWS = Fish & Wildlife Service
TNC = The Nature Conservancy USFS = United States Forest Service NAS » National Audubon Society
IDN'R = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks BIA = Bureas of Indian Affairs
-------
REGION VH ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
•NAME
NOTES
IA
Monona
NPS
Natural Landmark
Loess Hills
Turin * Little Souix/Smith Lake
IA
Montgomery
IDNR
State Park
Viking Lake
4 Mi. S.E. Stanton - Co. Rd.
IA
Muscatine
IDNR
Stale Park
Fairport
5 Mi. E. Muscatine - IA 22
IA
Muscatine
IDNR
Stale Park
Wildcat Den
10 Mi. E. Muscatine - LA 22
IA
Muscatine
NPS
Nat Scenic River
Cedar River
Iowa River to Hwy. 6
IA
Palo Aho
NPS
Natural Landmark
Dewey Pasture & Smith's Slough
4 Mi. NW ofRuthven
IA
Plymonth
TNC
Project Area
Broken Kettle Grasslands
Loess Hills
IA
Plymouth
IDNR
State Parte
Stone
8 Mi. NW Sioux City-IA 12
IA
Plymouth
TNC
Project Areas
Five Ridge Preserve
IA
Polk
COE
Large Reservoir
Saylorville Lake
IA
Polk
IDNR
Stale Park
Big Creek
2 Mi. N. Polk City-IA41J
IA
Pottawattamie
IDNR
State Park
Lake Manawa
1 ML S. Council Blufls - IA 92
IA
Sac
IDNR
State Park
Black Hawk
Lake View-IA 175 & 71
IA
Scott
NPS
Nat. Scenic River
Wapsipincon River
Mississippi River to Hwy. 334
at Frederika
IA
Scotts Bluff
TNC
Project Area
otts BluffMonument
IA
Shelby
IDNR
State Park
Prairie Rose
6 Mi. S. E. Harlan
IA
Tama
IDNR
State Park
Union Grove
4 Mi. S.W. Gladbrooke - Co.
Rd.
IA
Taylor
IDNR
State Park
Lake of Three Fires
3 Mi. N.E. Bedford-IA 49
IA
Thomas
USFS
Reserch Area
Signal Hill
IA
Van Buren
IDNR
State Park
Lacey-Kesauqua
Adjoins Keosauqua - IA 1
IA
Van Buren
IDNR
State Park
Shimek Forest Camping
1 Mi. E Farmington - IA 2
IA
VanBuren
TNC
Project Area
Reno Timber
IA
Warren
IDNR
State Park
Lake Ahquabi
5.5 Mi. SW Indianola - IA 349
IA
Washington
IDNR
State Park
Lake Darling
3 Mi. W. Brighton IA 78 &1
IA
Wayne
IDNR
State Park
Bobwhite
1 Mi. W. Allerton - IA 40
IA
Webster
IDNR
State Pari:
Brushy Creek Rec. Area
4 Mi. E Lehigh - Co. Rd.
IA
Webster
IDNR
Stale Park
Dolliver Memorial
3 Mi. NW Lehigh-IA SO
IA
Winnebago
IDNR
State Park
Rice Lake
2.5 Mi. SE Lake Mills -Co.
Rd-IA
IA
Winnebego
IDNR
State Park
Pilot Knob
4 Mi E. Forest City - IA 9
IA
Winnesheik
NPS
Natural Landmark
Cold Water Cave
COE = U.S. Army Corps of Engineers NPS = Dol/Naiiana! Partes Sevice
TNC = The Nature Conservancy USFS = United Slates Forest Service
IDNR = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Paries
FWS = Fish & Wildlife Service
NAS - National Audubon Society
B1A = Bureas of Indian Affairs
-------
REGION VU ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
IA
Winneshiek
NPS
Nat Scenic River
Turken River
Mississippi Rive to Vemon
Springs
KS
COE
Large Reservoir
El Dorado Lake
KS
COE
Large Reservoir
Marion Lake
KS
COE
Large Reservoir
Perry Lake
KS
FWS
National Fish Hatchery
Cedar BluffNFH
KS
FWS
National Wildlife Refuge
Flint Hills NWR
Neosho River Valley
KS
FV.J
National Wildlife Refuge
Kinvin
N. Fork of Soloman River
Valley
KS
FWS
National Wildlife Refuge
Maris DesCygnes NWR
KS
KDWP
State Park
Crawford
Farlington, 66734
KS
KDWP
State Park
Fall river
RR 1, Box 44, Toronto, 66777
KS
KDWP
State Park
Kanopolis
RR 1 Box 26d, Marquette,
67464
KS
KDWP
State Park
Lovewell
RR1, Box 66A, Webber, 66970
KS
KDWP
State Park
Mushroom Rock
RR1, Box 26D, Marquette,
67464
KS
KDWP
State Park
Pomona
RR 1, Box 118, Vassar, 66543
KS
KDWP
State Parte
Scott
RR1, Box 50, Scott City, 67871
KS
KDWP
Stale Park
Toronto
RR 1, Box 44, Toronto, 66777
KS
KDWP
State Park
Wilson
RR 1, Box 181, Sylvan Grove,
67481
KS
NPS
Biosphere Reserve
Kanza Prairie
KS
TNC
Project Area
Kanza Prairie
S. of Manhattan
KS
Barber
NPS
Nat. Scenic River
Medicine (Lodge) River
KS/OK line to Oerlane
KS
Barber
NPS
Nat. Scenic River
Medicine (Lodge) River
Gerlane to Belvidere
KS
Barton
TNC
Project Area
Cheyenne Bottoms Wildlife Area
near Great Bend
KS
Bourbon
NPS
National Park
Fort Scott Nat. Historic Site
Adjacent to Fort Scott bus.
district
KS
Brown
BIA
Federal Indian Reservation
Iowa
KS
Brown
BIA
Federal Indian Reservation
Kickapoo
KS
Brown
BIA
Federal Indian Reservation
Sac & Fox*
KS
Butler
KDWP
Stale Park
El Dorado
RR3, Box 29A, EI Dorado,
67402
KS
Cafey
COE
Large Reservoir
John Redmond Res.
COE = U.S. Army Corps of Engineers NPS = Dol/Nalional Parks Sevice
TNC = The Nature Conservancy USFS = United Stiles Forest Service
IDNR = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
KS
Chase
NPS
Nat. Scenic River
Cedar Creek
Cottonwood River to Chase
county line
KS
Chase
NPS
Nat. Scenic River
South Fork Cottonwood River
Cottonwood River to Little
Cedar Creek
KS
Chautauqua
NPS
Nat. Scenic River
Caney River
KS/OK line to source
KS
Cherokee
NPS
Nat Scenic River
Shoal Creek
Spring River to source
KS
Cherokee
NPS
Nat. Scenic River
Spring River
Hwy. 96toHwy. 44
KS
Cheynne
NPS
Nat. Scenic River
Arikaree River
KS/NB line to Alder Creek
KS
Clark
NPS
Natural Landmark
Big Basin Preserve
13 Mi. WNW of Ashland
KS
Clark
NPS
Nat Scenic River
Cimarron River
Hwy 23 E. of Liberal to CO/KS
Line
KS
Clay
COE
Large Reservoir
Milford Lake
KS
Comanche
NPS
Nat. Scenic River
Cimarron River
Hwy. 23 E. of Liberal to
CO/KS line
KS
Crowley
NPS
Nat. Scenic River
Grouse Creek
Arkansas River to Cowley
county line
KS
Dickinson
NPS
Nat. Scenic River
Lyon Creek
Smoky Hill River to RR bridge
S. ofWoodbine
KS
Douglas
COE
Large Reservoir
Clinton Lake
KS
Douglas
KDWP
State Park
Clinton
798 N. 1415 RD, Lawrence,
66049
KS
Douglas
NPS
Natural Landmark
Baker University Wetlands
3 Mi. S of Lawrence
KS
Douglas
NPS
Natural Landmark
Baldwin woods
11 Mi. S. ofLawarence
KS
Douglas
NPS
NaL Scenic River
Kansas river
1-635 to Delaware River
KS
Elk
NPS
Nat. Scenic River
Fall River
Verdigris River to Fall River
Lake
KS
Geary
KDWP
State Park
Milford
8881 State Park, Milford,
66514
KS
Geary
NPS
Nat. Scenic River
Lyon Creek
Smoky Hill River to RR bridge
S. ofWoodbine
KS
Gove
NPS
Natural Landmark
Monument Rocks Natural Area
23 Mi. S of Oakley
KS
Grant
NPS
Nat. Scenic River
Cimarron River
Hwy. 23 E. of Liberal to
Co/KS line
KS
Greenwood
NPS
Nat. Scenic River
Fall River
Verdigris River to Fall River
Lake
KS
Greenwood
NPS
Nat. Scenic River
Otter Creek and N. Branch
Fall River Reservoir to Hwy
96/NW of Blodgett
COE = U.S. Army Corps of Engineers NPS = Dol/National Parks Sevice
TNC = The Nature Conservancy USFS = United States Forest Service
IDNR = Iowa Dept Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
KS
Harper
NPS
Nat. Scenic River
Chikaskia River
KS/OK line to Hwy 2, NE of
Runnymede
ICS
Haskell
NPS
Nat. Scenic River
Cimarron River
Hwy 23 E. Of Liberal, KS to
CO/KS line
KS
Jackson
BIA
Federal Indian Reservation
Potawatomie
KS
Jefferson
KDWP
State Park
Perry
RR I, Box 464A Ozawkie,
66070
KS
Jefferson
NPS
Nat, Scenic River
Kansas River
1-635 to Delaware River
KS
Johnson
NPS
Nat. Scenic River
Kansas River
1-635 to Delaware River
KS
Kiowa
NPS
Nat Scenic River
Medicine (Lodge) River
Gerlane to Belvidere
KS
Levenworth
NPS
Nat. Scenic River
Kansas River
1-635 to Delaware River
KS ¦
Marshall
COE
Large Reservoir
Tuttle Creek
KS
Meade
KDWP
State Park
Meade
Box K, Meade, 67864
KS
Meade
NPS
Nat Scenic River
Cimarron River
Hwy 23 E. of Liberal to CO/KS
Line
KS
Miami
KDWP
State Park
Hillsdale
26001 W. 255th St., Paola,
66071
KS
Mitchell
KDWP
Stale Park
Glen Elder
Box 162 A, Glen Elder, 67446
KS
Montgomery
KDWP
State Park
Elk City
Box 845, Independence, 67301
KS
Morton
NPS
Nat. Scenic River
Cimarron River
Hwy. 23 E. of Liberal to
CO/KS line
KS
Norton
KDWP
State Park
Prairie Dog
Box 431, Norton, 67654
KS
Osage
KDWP
State Park
Eisenhower
RR 2, Box 306, Osage City,
66523
KS
Ottawa
NPS
Natural Landmark
Rock City
2.5 Mi. SW of Minneapolis
KS
Pawnee
NPS
National Park
Fort Lamed Nat Historic Site
6 MI. W. Lamed-Hwy 156
KS
Pottawatomie
COE
Large Reservoir
Tuttle Creek
KS
Pottowatime
KDWP
State Park
Tuttle Creek
5020-B, Tuttle Cr. Blvd.,
Manhattan 66502
KS
Reno
KDWP
State Park
Theney
RR 1, Box 167 A, Chenney
67025
KS
Reno
KDWP
State Park
Sand Hills
4207 E. 56th, Rl 5,
Hutchinson, 67502
KS
Riley
COE
Large Reservoir
Milford Lake
KS
Rooks
KDWP
State Park
Webster
RR 2, Box 153, Stockton,
67669
KS
Russel
NPS
Nat. Scenic River
Saline River
Wilson Lake to Faiiport
COE = U.S. Army Corps of Engineers
TN'C = The Nature Conservancy
IDNR = Iowa Dept. Of Naturals Resources
NFS = Dol/National Parks Sevice
USFS = United States Forest Service
KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
B1A = Bureas of Indian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
KS
Russell
COE
Large Reservoir
Wilson Lake
KS
Seward
NPS
Nat. Scenic River
Cimarron River
Hwy. 23 E. of Liberal to
CO/KS line
KS
Stafford
FWS
National Wildlife Refuge
Quivira NWR
South-central Kansas
KS
Stevens
NPS
Nat Scenic River
Cimarron River
Hwy 23 E. of Liberal to CO/KS
line
KS
Sumner
NPS
Nat. Scenic River
Chikaskia River
KS/OK line to Hwy 2, NE of
Runnynede
KS
Trego
KDWP
Slate Park
Cedar Bluff
P.O. 76A, Ellis, 67637
KS
Wilson
NPS
Nat. Scenic River
Fall River
Verdigris River to Fall river
Lake
KS
Wyandotte
NPS
Nat. Scenic River
Kansas River
1-635 to Delaware River
MO
FWS
National Wildlife Refuge
Clarence Cannon
MO
FWS
National Fish Hatchery
Columbia Nat. Fisheries Lab
MO
FWS
National Wildlife Refuge
Mingo
MO
FWS
National Wilderness Area
Mingo
MO
FWS
National Fish Hatcheiy
Neosho NFH
MO
FWS
National Wildlife Refuge
Ozark Cavfish
MO
FWS
National Wildlife Refuge
Pilot Knob
MO
USDA
National Forest
Mark Twain Nat Forest
MO
USFS
National Wilderness Area
Bell Mountain
MO
USFS
National Wilderness Area
Devil's Backbone
MO
USFS
National Wilderness Area
Hercules Glades
MO
USFS
National Wilderness Area
Irish
MO
USFS
National Wilderness Area
Paddy Creek
MO
USFS
National Wilderness Area
Piney Creek
MO
USFS
National Wilderness Area
Rockpile Mountain
MO
Barry
COE
Large Reservoir
Table Rock Lake
MO
Barry
NPS
Nat. Scenic River
Shoal Creek
Spring River to source
MO
Barton
NPS
Natural Landmark
Golden Prairie
16 Mi. NE of Carthage
MO
Barton
TNC
St Conservancy Preserve
Hunkah Prairie
MO
Barton
TNC
St Conservancy Preserve
Pawhuska Prairie
MO
Barton
TNC
St Conservancy Preserve
Shelton L Cook Memorial
Meadow
COE = U.S. Army Corps of Engineers
TNC = The Nature Conservancy
IDNR = Iowa Dept. Of Naturals Resources
NPS = Dol/National Parks Sevice
USFS = United States Forest Service
KDWP = Kansas Dept. Of Wildlife & Parks
FWS
NAS
BIA =
> = Fish & Wildlife Service
! = National Audubon Society
= Bureas of Indian Affairs
-------
1 ON VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
MO
Barton
TNC
St Conservancy Preserve
Tri-Sho Prairie
MO
Benton
COE
Large Reservoir
Harry S. Truman Lake
MO
Benton
TNC
St Conservancy Preserve
Rockhill Prairie
MO
Boone
NPS
Nat Scenic River
Cedar Creek
Missouri River to Hwy WW
MO
Boone
TNC
St Conservancy Preserve
Hinkson Valley
MO
Callaway
NPS
Nat. Scenic River
Cedar Creek
Missouri River to Hwy WW
MO
Callaway
NPS
Natural Landmark
Tucker Prairie
7 Mi. NNw of Fulton
MO
Camben NPS
Natural Landmark
Carroll Cave
Private
MO
Cedar COE
Large Reservoir
Stockton Lake
MO
Cedar ."PS
Nat. Scenic River
Cedar Creek
Sac river to source
MO
Cedar fNC
St Conservancy Preserve
Mo-Ko Prairie
MO
Cedar SC
St Conservancy Preserve
Monegaw Prairie
MO
Chariton WS
National Wildlife Refuge
Swan Lake
MO
Chariton
NPS
Nat Scenic River
Locust Creek
Grant River to Hwy. 36
MO
Clay
COE
Large Reservoir
Smith viiie Lake
MO
Clay
NPS
Natural Landmark
Maple Woods Natural Area
MO
Clinton
COE
Large Reservoir
Smithville Lake
MO
Clinton
TNC
St Conservancy Preserve
Trice-Dedman Memorial Woods
MO
Crawford
NPS
Nat Scenic River
Bourbeuse River
Noser Hill to Hwy 8
MO
Crawford
NPS
Nat Sc River
Courtois Creek
Huzzah Creek to Brazil
MO
Crawford
NPS
Nat Scenic River
Huzzah Creek
Meramec River to Dillard
MO
Crawford
NPS
Nat Sect: - River
Meramec Rvier
Meramec State Park to Cook
Station
MO
Crawford
NPS
Natural Landmark
Onondag Cave
5 Mi. SW of Leasburg
MO
Crawford
TNC
St Conservancy Preserve
Zahorsky Woods
MO
Dade
COE
Large Reservoir
Stockton Lake
MO
Dade
NPS
Nat. Scenic River
Cedar Creek
Sac River to source
MO
Dade
TNC
St Conservancy Preserve
Greenfield Glade
MO
Dade
TNC
St Conservancy Preserve
N. B. Altvater Corry Flatrocks
MO
Dade
TNC
St Conservancy Preserve
Niawthe Prairie
MO
Daviess
NPS
Nat Scenic River
Marrowbone Creek
Hwy 13 to 1-35
MO
Dent
TNC
St Conservancy Preserve
Hyer Woods
COE = US. Array Corps of Engineers NFS = Doi/National Parks Sevice
TNC = The Nature Conservancy USFS = United States Forest Service
IDNR = Iowa Dept Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas oflndian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
MO
Douglas
NPS
Nat. Scenic River
Bryant Creek
N. Fork White River to Hwy.
14
MO
Douglas
NPS
Nat. Scenic River
North Fork White River
Norfork Lake to source
MO
Douglas
TNC
St Conservancy Preserve
Alma Peterson Azalea Memorial
MO
Douglas
TNC
St Conservancy Preserve
Williams Memorial Woods
MO
Franklin
NPS
Nat Scenic River
Bourbeuse River
Noser Mill to Hwy 8
MO
Frank) in
NPS
Nat Scenic River
Meramec River
Meramec State Park to Cook
Station
MO
Gasconade
NPS
Nat Scenic River
Bourbeuse River
Noser Mill to Hwy. 8
MO
Henry
COE
Large Reservoir
Harry S. Truman Lake
MO
Hickory
COE
Large Reservoir
PommeDeTerre
MO
Holt
FWS
National Wildlife Refuge
Squaw Creek
MO
Holt
TNC
St Conservancy Preserve
J, C. MeCormack Loess
Mounds
MO
Jackson
NPS
National Park
Hany Truman Nat. Historic Sit
Truman Rd & Main,
Independence
MO
Jasper
NPS
Nat. Scenic River
Jasper & Lawrence
MO
Jasper
TNC
St Conserv ancy Preserve
Wlia-Sha-She Prairie
MO
Jefferson
TNC
St Conservancy Preserve
N. Li. Altwaler La Barque Hills
MO
Jefferson
TNC
St Conservancy Preserve
Victoria Glqde
MO
Knox
NPS
Nat Scenic River
Middle Fabius River & N. Fork
N. Fabius River to source
MO
Knox
NPS
Nat Scenic River
South Fabius River
Count Hwy. e to confluence of
N. & S. Forks
MO
Laclede
TNC
St Conservancy Preserve
Bennett Spring Savanna
MO
Lawrence
NPS
Nat Scenic River
Spring River
Highway 96 to Hwy 44
MO
Lawrence
TNC
St Conservancy Preserve
Mount Vernon Prairie
MO
Lewis
NPS
Nat Scenic River
Middle Fabius River & N. Fork
N. Fabius River to source
MO
Lewis
TNC
St Conservancy Preserve
Accola Woods
MO
Lincoln
NPS
Nat. Scenic River
West Fork Cuivre River
Cuivre River to County Hwy
AC
MO
Linn
NPS
Nat Scenic River
Locust Creek
Grant River to Hwy 36
MO
Livingston
NPS
Nat Scenic River
Locust Creek
Grant River to Hwy 36
MO
Madison
NPS
Nat. Scenic River
St Francis River
Lake Wappapello to Syenite
MO
Marion
NPS
Natural Landmark
Mark Twain & Cameron Caves
2 Mi, SE of Hannibal
MO
Mississippi
NPS
Natural Landmark
Big Oak Tree
Big Oak Tree State Park
COE = U.S. Army Corps of Engineers NPS = Dol/National Parks Sevice
TNC - The Nature Conservancy USPS = United States Forest Service
IDNR = Iowa Dept. Of Naturals Resources KDWP = Kansas Dept Of Wildlife & Parks
FWS = Fish & Wildlife Service
HAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION VH ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
MO
Monroe
COE
Large Reservoir
Mark Twain Lake
MO
Montgomery
NPS
Nat Scenic River
West Fork Cuivre River
Cuivre River to County Hwy
AC
MO
Newton
NPS
National Parte
George Washington NaL
Monunien
7. Mis of 1-44
MO
Newton
NPS
Nat Scenic River
Shoal Creek
MO
Nodaway
TNC
Sl Conservancy Preserve
Dobbins Woodlands
MO
Oregon
NPS
Natural Landmark
Grand Gulf
8 Mi. W of Thayer
MO
Oregon
NPS
Natural Landmark
Greer Spring
52 Mi. W of Poplar Bluff
MO
Ozark
NPS
NaL Scenic River
Bryant Cr<
N. Fork White River to Hwy
14
MO
Ozark
NPS
Nat Scenic River
North Fork White River
Norfork Lake to source
MO
Phelps
NPS
Nat Scenic River
Bourbeuse River
Noser Mill to Hwy 8
MO
Phelps
NPS
Natural Landmark
Maramec Spring
8 Mi. SE of St James
MO
Phelps
NPS
Nat Scenic River
Meramec River
Meramec State Park to Cook
Station
MO
Polk
COE
Large Reservoir
Pomme De Terre Lake
MO
Ralls
COE
Large Reservoir
Mark Twain Lake
MO
Reynolds
NPS
Nat Scenic River
Black River
Hwy K to source
MO
Reynolds
TNC
St Conservancy Preserve
Lily Pond
MO
Reynolds
TNC
St Conservancy Preserve
N.B. Altvater Grasshopper HoII
MO
Ripley
NPS
Natural Landmark
Cupola Pond
Mark Twain Nat Foest
MO
Ripley
TNC
Sl Conservancy Preserve
N.B. Altvater Pondberry
MO
Schuyler
NPS
Nat. Scenic River
Kfiddle Fabius River & N. Fork
N. Fabius River to source
MO
Scotland
NPS
Nat Scenic River
Middle Fabius River & N. Fork
N. Fabius River to source
MO
Shannon
TNC
St Conservancy Preserve
N.B. Ahvater Shut-in-Mntn Fen
MO
SL Clair
COE
Large Reservoir
Harry S. Truman Lake
MO
St. Louis City
NPS
National Park
Jefferson Nat. Expansion Memor
Mississippi Riverfront, St Louis
MO
St. Genevieve
NPS
Natural Landmark
Pickle Springs
7 Mi. E. ofFarmington
MO
Sl Francois
NPS
Nat Scenic River
St. Francis River
Lake Wappapello to Syenite
MO
St Clair
NPS
Natural Landmark
Taberville Prairie
2.5 Mi. N of Taberville
MO
SL Louis City
NPS
National Park
Ulysses S. Grant Historic Site
9060 White Haven Dr. St
Louis
MO
St Francis
TNC
St Conservancy Preserve
Silas Dees Azalea & Wildflower
COE = U.S. Army Coips of Engineers
TNC = The Nature Conservancy
IDNR = Iowa Dept. Of Naturals Resources
NPS = Dol/National Paries Sevice
USFS = United Stales Forest Service
KDWP - Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION VII ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
MO
St Clair
TNC
St Conservancy Preserve
Wah'Kon-Tah Prairie
MO
St Clair
TNS
St Conservancy Preserve
Lichen Glade
MO
Stone
COE
Large Reservoir
Table Rock Lake
MO
Stone
NPS
Natural Landmark
Marvel Cave
SO Mi. S of Springfield
MO
Stone
NPS
National Park
Wilson Creek Nat Battlefield
10 MI. SW of Springfield
MO
Sullivan
NPS
Nat Scenic River
Locust Creek
End channelization to sect 28
MO
Taney
NPS
Natural Landmark
Tumbling Creek Cave
MO
Texas
NPS
Nat. Scenic River
North Fork White River
Norfork Lake to source
MO
Vemon
TNC
St Conservancy Preserve
Gamagrass Meadows
MO
Vemon
TNC
St Conservancy Preserve
Little Osage Prairie
MO
Vemon
TNC
Si Conservancy Preserve
Marmaton R. Bottoms Wet
Prairi
MO
Warren
NPS
Natural Landmark
Wegener Woods
.25 Mi N of holstein
MO
Washington
NPS
Nat. Scenic River
Courtois Creek
Huzzah Creek to Brazil
MO
Washington
NPS
Nat Scenic River
Meramec River
Meramec State Park to Cook
Station
MO
Washington
NPS
Nat Scenic River
Mineral Fork
big River to Hwy F
MO
Wayne
COE
Large Reservoir
Wappapello Lake
MO
Wayne
NPS
Nat Scenic River
St Francis River
Lake Wappapello to Syenite
NE
BIA
Federal Indian Rservation
Omaha
NE
BIA •
Federal Indian Reservation
Santee Sioux
NE
BIA
Federal Indian Reservation
Winnebago
NE
COE
Large REservoir
Harian County Lake
NE
FWS
National Fish Hatchery
Crawford NFH
NE
FWS
National Wildlife Refuge
Crescent Lake NWR
NE
FWS
National Wildlife Refuge
De Soto NWR
NE
FWS
National Wildlife Refuge
Fort Niobrara NWR
NE
FWS
National Wilderness Area
Fort Niobrara
NE
FWS
National Wildlife Refuge
Karl E. Mundt NWR
NE
FWS
National Wildlife Refuge
North Plate NWR
NE
FWS
National Wildlife Refuge
Valentine NWR
NE
NAS
Wildlife Sanctuary
Lillian Annette Rowe
Gibbon
COE = U.S. Army Corps of Engineers NPS = Dol/National Parks Sevice
TNC = The Nature Conservancy USFS = United States Forest Service
IDNR = Iowa Dept. Of Naturais Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affairs
-------
REGION YE ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
NE
NPS
National Park
Agate Fossil Beds Nat.
Monumen
20 Mi. N of Harrison
NE
NPS
National Park
Chimney Rock Nat Historic Sit
19 Mi. E Gering / Hwy 92
NE
NPS
National Park
Homestead Nat MonL of
America
4.5 Mi. W of Beatrice
NE
NPS
National Park
Missouri Nat Recreational Rive
Ponca State Park, N to border
NE
NPS
National Park
Ozark National Scenic Riverway
134 Mi. of Jades Folk &
Current Rivers
NE
NPS
National Park
Scotfc Bluff Nat Monument
5 Mi. SW of Scottsbluff
NE
TNC
Project Area
Platte River
NE
USFS
National Wilderness Area
Soldier Creek
Nebraska NF
NE •
Arthur
TNC
Project Area
Arapaho Prairie
NE
Blain
NPS
National Scenic River
Middle Loup River
Milbum diversion Dam to
source
NE
Blaine
NPS
National Scenic River
Dismal River
Middle Loup River to source
NE
Boyd
NPS
National Scenic River
Missouri River
Running Water SD to Fort
Randall Dam
NE
Boyd
NPS
National Scenic River
Niobrara River
Missouri River to Keya Paha
River
NE
Boyd
NPS
National Scenic River
Niobrara Rive
Keya Paha River to Antelope
Creek
NE
Brown
NPS
National Scenic River
Calanus
North Loup River to source
NE
Brown
NPS
National Scenic River
Long Pine Creek
Niobrara River to source
NE
Brown
NPS
National Scenic River
Niobrara River
Keya Paha River to Antelope
Creek
NE
Brown
TNC
Project Area
Niobrara Valley Preserve
NE
Cherry
NPS
National Scenic River
Middle Loup River
Milbum Diversion Dam to
source
NE
Cherry
NPS
National Scenic River
Niobrara River
Keya Paha River to Antelope
Creek
NE
Cherry
NPS
National Scenic River
Snake River
Niobrara River to source
NE
Cherry
NPS
Natural Landmark
Valentine Nat Wildlife Refuge
25 Mi. S of Valentine
NE
Cheny
TNC
Project Area
Niobrara Valley Preserve
NE
Fillmore
TNC
Project Area
Marsh Hawk WMA
NE
Fillmore
TNC
Project Area
Real WMA
NE
Garden
TNC
Project Area
Graves Ranch
NE
Garfield
NPS
National Scenic River
Calamus River
North Loup River to source
COE = U.S. Army Corps of Engineers NFS = Dol/National Parks Scvice
TNC = The Nature Conservancy USFS = United States Forest Service
IDNR = Iowa Dept Of Naturals Resources KDWP = Kansas Dept. Of Wildlife & Parks
FWS - Fish & Wildlife Service
NAS = National Audubon Society
BIA = Bureas of Indian Affaire
-------
REGION Vn ENVIRONMENTALLY SENSITIVE AREAS
STATE
COUNTY
AGENCY
TYPE
NAME
NOTES
NE
Grant
NPS
Natural Landmark.
Nebraska Sand Hills
Immediately S of Hyannis
NE
Holt
NPS
National Scenic River
Niobrara River
Keya Paha River to Antelope
Creek
NE
Hoh
NPS
National Scenic River
Niobrara River
Missouri River to Keya Paha
River
NE
Hooker
NPS
National Scenic River
Middle Loup River
Milbourn Diversion Dam to
source
NE
Keya Paha
NPS
National Scenic River
Niobrara River
Keya Paha River to Antelope
Creek
NE
Knox
NPS
National Scenic River
Missouri River
Running Water, SD to Fort
Randall Dam
NE
Knox
NPS
National Scenic River
Niobrara River
Missouri River to Keya Paha
River
NE
Lincoln
NPS
Natural Landmark
Kissected Loes Plains
17 Mi. SSW of Brady
NE
Lincoln
TNC
Project Area
Muskrat Run WMA
302 acres, N Platte River
NE
Loup
NPS
National Scenic River
Calamus River
North Loup River to source
NE
Pawnee
TNC
Project Area
Pawnee Prairie WMA
NE
Richardson
TNC
Project Area
Rulo Bluffs
NE
Rock
NAS
Wildlife Sanctuary
Niobrara River
NE
Rock
NPS
National Scenic River
Calamous River
North Loup River to source
NE
Rock
NPS
National Scenic River
Lone Pine Creek
Niobrara River to source
NE
Rock
NPS
National Scenic River
Niobrara River
Keya Paha River to Antelope
Creek
NE
Sarpy
NPS
Natural Landmark
Fontcnelle Forest
1 Mi. S. of Omaha
NE
Scons Bluff
TNC
Project Area
Kiowa WMA
NE
Sheridan
NPS
National Scenic River
Snake River
Niobrara River to source
NE
Thayer
TNC
Project Area
Prairie March WMA
NE
Thomas
NPS
National Scenic River
Dismal River
Middle Loup Rive to source
NE
Thomas
NPS
National Scenic River
Middle Loup River
Milburn Diversion Dam to
source
NE
Washington
TNC
Project Area
Cuming City Cemetery
NE
Webster
TNC
Project Area
Willa Gather Memorial Prairie
COE = U.S. Army Corps of Engineers
TNG = The Nature Conservancy
IDNR = Iowa Dept. Of Naturals Resources
NPS = Dol/National Parks Sevice
USFS = United States Forest Service
KDWP - Kansas Dept. Of Wildlife & Parks
FWS = Fish & Wildlife Service
NAS = National Audubon Society
B1A = Bureas of Indian Affairs
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX A.3
REGION VII
ECONOMICALLY SENSITIVE AREAS
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX A.3.a
REGION VII
SURFACE WATER INTAKES
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Barlett Hills A
Reservoir
0.0
1A
lowa-Amcrica Wa
Mississippi Riv
1A
Lakeview Heiglit
Reservoir
0.0
IA
Paiiora
Mid Racoon Rive
0.0
IA
Rock Rapids
Rock River
0.0
IA
Sun Valley Lake
Sun Valley Lake
0.0
IA
Wahpeton
W. Okolsoji Lake
0.0
IA
Greenfield
Nodaway Like
0.0
Adair
IA
Greenfield
Nodaway River
0.0
Adair
IA
Greenfield
Greenfield Lake
0.0
Adair
IA
Orient
Lake Orient
0.0
Adair
IA
Coming
City Res.
0.0
Adams
IA
Coming
Like Binder
0.0
Adams
IA
Centerville
lxnver Reservior
0.0
Appanoose
IA
Centerville
Cooper Creek
0.0
Appanoose
IA
Cenlerville
Upper Reservior
0.0
Appanoose
IA
Rathbun RWA
Lake Rathbun
0.0
Appanoose
IA
Clear Lake
Ceader Lake
0.0
Cerro Gordo
IA
Osceola
West Lake
0.0
Clarke
IA
Bloomlleld
Lake fisher
Davis
IA
l,amoni
Home Pond
0.0
Decatur
IA
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Lamoni
Lake Lashane
0.0
Decatur
IA
Lamoni
Home Lake
0.0
Decatur
IA
Leon
Little River
0.0
Decatur
IA
Burlington
Mississippi Riv
Des Moines
IA
Arnolds Park
W. Okoboji Lake
0.0
Dickinson
IA
Lake Park
Silver Lake
0.0
Dickinson
IA
Milford
W. Okoboji Lake
0.0
Dickinson
IA
Spirt Ijtke
Spirt Lake
0.0
Dickinson
IA
Mount Pleasant
Skunk River
Henry
IA
Humboldt
Spring
0.0
Humboldt
IA
Humboldt
Spring
0.0
Humboldt
IA
Fairfield
Reservoir!
Jefferson
IA
Fairfield
Walton Lake
Jefferson
IA
Fairfield
Reservoir 2
Jefferson
IA
Iowa City
Iowa River
Joluison
IA
Univ. of Iowa
Iowa River
Joluison
IA
Fort Madison
Mississippi Riv
Lee
IA
Keokuk
Mississippi Riv
Lee
IA
Cedar Rapids
Cedar River
0.0
Linn
IA
Spencer
Gravel Pit
0.0
Lyon
IA
Winterset
Cedar Lake
0.0
Madison
IA
»
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Pella
Des Moines Rive
0.0
Marion
IA
Albia
Reservoir
0.0
Marshal!
1A
Albia
Reservoir
0.0
Marshalt
IA
Clarinda
Nodaway River
0.0
Page
IA
Des Moines
Des Moines Rive
Po!k
IA
Dos Moines
Raccoon River
0.0
Polk
IA
Council Bhifls
Missouri River
0.0
Pottawalamie
IA
Montezuma
Diamond Lake
0.0
Poweshiek
IA
Montezuma
Lake Ponderos
0.0
Poweshiek
IA
Mount Ayr
Old Reservoir
0.0
Ringgold
IA
Mount Ayr
Loch Ayr
0.0
Ringgold
IA
Mount Ayr
Platte River
0.0
Ringgold
IA
Bedford
Reservoir
0.0
Taylor
IA
Bedford
102 River
0.0
Taylor
IA
Bedford
Quarry
0.0
Taylor
IA
Bedford
102 River
0.0
Taylor
IA
Bedford
Lake 3 Fires
0.0
Taylor
IA
Lake of 3 Fires
Lake of 3 Fires
0.0
Taylor
IA
Lenox
East Lake
0.0
Taylor
IA
Lenox
West lake
0.0
Taylor
IA
Lenox
Mahatry Lake
0.0
Taylor
IA
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATF.RBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Afloii
Mon l^ake West
0.0
Union
1A
Afton
Lake Mon
0.0
Union
IA
Mon
Gravel Pit
0.0
Union
IA
Creslon
Site M-l
0.0
Union
IA
Creslon
Summit l,ake
0.0
Union
IA
Otlumwa
Black Lake
Wapello
IA
Ottumwa
Dcs Moines rive
Wapello
IA
Ottumwa
N' I jgixin
Wapello
IA
Ottumwa
S 1 iigoon
Wapello
IA
Corydon
Condon ljtke
0.0
Wayne
IA
Ihimeston
Hiinioston Like
0.0
Wayne
IA
Lineville
Reservoir
0.0
Wayne
IA
Altamont PWSD It
Labette
KA
Allen-Admire
City Uikc
KS
11
16s
lie
Alma
Mill Creek
KS
26
12E
10S
Altotma
Verdigris river
KS
Anderson RWD #2
Impoundment
KS
36
21s
17e
Augusta
El Dorado Reser
KS
Carbondale
Strowbridge Cre
KS
Fredonta Ws
Fall River
KS
Grenola CWS
Caney River
KS
l
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE '
Norton CWS
Keith Sebelius Reservoir
KS
Public Wholesale W.D. #4
Big Hill Lake
KS
Toronto
Toronto Reservoir
KS
Uniontowii
Martnaton River
KS
While Memorial Camp
Council Oove Reservoir
KS
Wind St Wares
Delaware River
KS
Wind & Wares
Perry Reservoir
KS
Yates Center
City Reservoir
KS
Humboldt CWS
Neosho River
Alien
KS
Iola CWS
Neosho River
Allen
KS
Garnet! CWS
Credar Creek
Anderson
KS
Gamett CWS
Gamett Lake
Anderson
KS
Atchison
Missouri River
423.3
Atchison
KS
Bronson
Reservoir
Bourbon
KS
7
2Ss
22e
Ft. Scott CWS
Rock Creek Lake
Bourbon
KS
Ft. Scott CWS
Lake Ft. Scott
Bourbon
KS
Ft. Scott CWS
Mannaton River
Bourbon
KS
Moran CWS
Neosho River
Bourbon
KS
Horton CWS
Mission Lake
Brown
KS
28
4s
!7e
Kickapoo Reserv. WS
Delaware River
Brown
KS
32
4s
I6e
El Dorado
El Dorado Reser
Butler
KS
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RAW"'
Cedar Vale .
Caney River
Chautauqua
KS
Sedan
2 City Lakes
Chautauqua
KS
16
33s
He
Baxter Springs
Spring River
Cherokee
KS
Chetopa
Neosho Rive
Cherokee
KS
')ur!inglon
Neosho River
Coffey
KS
Gridley CWS
Gridley I jke
Coffey
KS
Hartford CWS
Neosho River
Coffey
KS
Ubo CWS
Lebo city Lake
Coffey
KS
5
19s
14e
U-Roy CWS
Neosho River
Coffey
KS
Winfitfld
Timber Creek City Lake
Cowley
KS
llcringtan CWS
Lyons Creek
Dickinson
KS
17
16s
Ae
Ijwrencc CWS
Clinton Reservoir
Douglas
KS
Lawrence CWS
Kansas River
Douglas
KS
Lwronee CWS
Kansas River
Douglas
KS
La
t tmvard CWS
City Lake
Elk
KS
Longton
Elk River
Elk
KS
Moline
Water Shed
Elk
KS
Franklin County RWD #6
Mara is des Cygnes River
Franklin
KS
22
17s
21e
Princeton
Middle Creek
Franklin
KS
13
18s
19e
Milford CWS
Milford Reservoir
Geary
KS
Eureka
Otis Creek Rese
Greenwood
KS
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Severy
Inipd. ontrib. Salt Creek
Greenwood
KS
11
28s
lie
Madison
Madison City Lake
Grenvvood
KS
24
22s
12e
Holton CWS
wells
Jackson
KS
Jefferson Cty RWDtfll
Pen-)' Reservoir
Jefferson
KS
19
9s
17e
Valley Falls
Delaware River
Jefferson
KS
Burning Tree Village
Impoundment
Joluison
KS
34
13s
22e
Gardner CWS
Gardner Like
Joluison
KS
It
14s
22c
Johnson Cty WD ft 1 & W2
kansas River
Joluison
KS
Johnson Cty WD SI & «2
Missouri river
Johnson
KS
Joluison Co. Airp, WS
Lake Gardner
Joluison
KS
11
14s
22e
Olalhe CWS
Like Olalhe'Cedar Creek
Joluison
KS
32
13s
23e
Spring Hill
City Lake
Joluison
KS
Caney
Little Caney Ri
labette
KS
Barlletl
Impoundment
Labette
KS
28
34s
20e
Edna
!-ake
Labette
KS
36
34s
18e
Kansas Army Ammunition PI
Neosho River
Labette
KS
33
21e
Mound Valley CWS
Public Wholesale WSD #4
Labette
KS
Oswego
Neosho River
Labette
KS
Parsons
labette Creek
Labette
KS
Parsons
Neosho River
Labette
KS
Leavenworth CWS
Missouri River
Leavenworth
KS
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Blue Mound
City Lake
Linn
KS
7
22s
22e
LaCygne CWS
Marais des Cygjtes River
Linn
KS
Mound City CWS
Little Sugar Creek
Liiui
KS
Mound City CWS
Impoundment
Linn
KS
16
22s
23e
P.
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Cherryvale
Verdigris River
Montgomery
KS
Cofteyville
Verdigris River
Montgomery
KS
Elk City
Elk River
Montgomery
KS
Independence CWS
Verdigris River
Montgomery
KS
Council Grove
City Lake
Morris
KS
Sabatha
City Lake
Nemaha
KS
1
2s
13e
Cliamiie
Neosho River
Neosho
KS
l'ric
Neosho River
Neosho
KS
Neosho Cty. RWD 111
Canville Creek Inpoundmen
Neosho
KS
34
27s
20e
St. Paul
Neosho River
Neosho
KS
Thayer
City Lake
Neosho
KS
31
29s
18c
Burlingame
Dragoon Creek
Osage
KS
Lyndon
Lyndon City Lake
Osage
KS
l.yndon
Salt Creek
Osage
KS
Osage City CWS
Melvern Reservoir
Osage
KS
Osage County
Pomona Reservoir
Osage
KS
Scranton
Clinton Reservoir
Osage
KS
Russell
Fossil Lakes
Russell
KS
Russell .
Smoky Hill River
Russell
KS
Salina
Smoky Hill River
Saline
KS
Wichita
Clianey Reservoir
Sedgwick
KS
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Shawnee Cty. RWD«8
Topeka Reservoir
Shawnee
KS
Shawnee Cty RWD#8
Clinton Lake
Shawnee
KS
Topeka
Kansas River
Shawnee
KS
Wellington
E. Branch Prairie Creek
Sumner
KS
Wellinton
Wellington City Lake •
Sumner
KS
Harveyville CWS
trib. to Dragoon Creek
Wabaunsee
KS
33
14s
13e
Buffalo
Buffalo Creek
Wilson
KS
12
27s
15e
Neodesha CWS
Fall River
Wilson
KS
Tulakas Home Dev.
Impoundment
Wilson
KS
22
27s
17e
Woodson Cty. RWD#l
Neosho River @ Neosho Fal
Woodson
KS
Kansas CWS
Missouri River
Wyandotte
KS
Adrian
South Grand River
Bates
MO
34
43n
31\v
Amoret
Marais IX- Cygnes
Bates
MO
5
39n
33w
Bales Co. PWSDtt
Miami Creek
Bates
MO
10
41n
33w
Butler
Marais De Cygnes
Bates
MO
4
39n
32w
Butler
Miami Creek
Bates
MO
24
40n
32w
Rockville
Osage River
Bates
MO
22
38n
29w
Boonville
Missouri River
197.0
Boone
MO
10
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
St. Joseph
Missouri River
452.2
Buchanan
MO
31
58n
35w
Cape Girardeau
Mississippi River
54.3
Cape Girardeau
MO
28
31n
I4e
Archie
South Grand River
Cass
MO
28
43n
3hv
Cass Co. PWSD #7
South Grand River
Cass
MO
7
44n
32w
Wyiconda
Wyaconda River
Clark
MO
28
65n
9w
Kansas City
Missouri River
370.5
Clay
MO
10
50n
33w
Smithville
Little Platte River
Clay
MO
23
53n
33w
Plattslmry
Smithville Reservoir
Clintln
MO
19
54d
Oower
Castile Creek
Clinlon
MO
10
55n
33w
Jefferson City
Missouri River
144.0
Cole
MO
Springfield
James River
Greene
MO
2
28n
21 w
Trenton
Thompson River
Gmndy
MO
18
61n
24w
Ridgeway
Dig Creek
Harrison
MO
32
65n
27%v
Clinton
South Grand River
Henery
MO
7
41n
26w
Glasgow
Missouri River
227.0
Howard
MO
8
51n
17w
Jeflerson Co. H2
Big River
Jeflerson
MO
16
43n
4e
Higginsville
Missouri River
306.0
Ijifayette
MO
Lexington
Missouri
322.5
Lafayette
MO
33
51n
27w
Canton
Mississippi River
342.3
Lewis
MO
36
62n
6w
Brookfield
Yellow Creek
Linn
MO
5
57n
19w
Marceline
Mussel Fork Creek
Linn
MO
28
$7n
18w
I
11
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
Chillcothe
Grand River
Livingston
MO
13
57n
24w
Bucklln
Mussel Fork Creek
Macon
MO
7
57n
17vv
Fredericktown
Little St. Framcis
Madlison
MO
36
55n
35w
I laimibal
Mississippi River
310.0
Marion
MO
20
57n
4w
I'aria
Middle Fork Salt River
Monroe
MO
to
54n
lOw
Joplin
Shoal Creek
Newton
MO
28
27n
33w
Neosho
Shoal Creek
Newton
MO
7
25n
31w
Maryville
102 River
Nodaway
MO
15
64 n
35w
PcrTVvillc
Saline
Perry
MO
15
35w
lOe
Scdalin
Flat River
Pettis
MO
22
45n
2lw
I Louisiana
Mississippi River
282.8
Pike
MO
18
54»
lw
Dearborn
Bee Creek
Platte
MO
36
55n
33\v
New London
Salt Creek
Rails
MO
5
55n
4w
Ralls Co. P\VSD@#1
Salt River
Ralls
MO
30
56n
4w
Sweet Springs
Blackwater River
Saline
MO
10
48n
23 w
Shelbinii
Salt River
Shelby
MO
17
57n
tOw
Kinvood
4Meraiuec River
1.2
St. Louis
MO
44n
5e
SI. Louis Cty. (Meramec)
Meramec River
St. Louis
MO
43n
6e
St. Charles
Missouri River
29 0
St. Charles
MO
46n
5e
St. Louis (Howard Bend)
Missouri River
37.0
St. Louis
MO
45n
4e
St. Louis (North Plant)
Missouri River
20.5
St. Louis
MO
47n
6e
12
-------
REGION VII SURFACE WATER INTAKES
PERMITTEE
WATERBODY
RIVER
MILE
COUNTY
STATE
SECTION
TOWNSHIP
RANGE
St. Louis (Chain of Rocks)
Mississippi River
19.5
St. Louis
MO
35
47n
7e
St. Louis Cty, South Pint
Meramec River
St. Louis
MO
44n
5e
Branson
Ijike Taneyconio
Taney
MO
5
22n
21w
Piedmont
Black River
Wayne
MO
9
28ii
3e
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX A.3.b
WATER INTAKES
MISSISSIPPI AND MISSOURI RIVER
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
MISSOURI AND MISSISSIPPI RIVER WATER INTAKES - REGION VII
NAME
RIVER
MILE
STATE
CITY
COUNTY
SECTION
TOWNSHIP
RANGE
PHONE
lxick & Dam No. 8
Mississippi
679.2
1L
(608)689-2625
Interstate Power Co.
Mississippi
660.0
IA
Dubuque
Allamakee
(319) 582-5421
Lock & Dam II9
Mississippi
647.9
1L
Allamakee, IA
(608) 874-4311
Omening Rock Products
Mississippi
640.5
1A
Decorah
(319)382-2933
Lock & Dam H 10
Mississippi
615.1
IA
Clayton
(319)252-1261
Molo Sand & Gravel
Mississippi
586.5
IA
Dubuque
Dubuque
(319)557-7540
John Deere Dubuque Works
Mississippi
585.0
IA
Dubuque.
Dubuque
(319)557-5151
Ix*k & Dam It ! 1
Mississippi
583.0
IA
Dubuque
(319)582-1204
Interstate Power Co.
Mississippi
581.0
IA
Dubuque
Dubuque
(319) 582-5421
I,ock & Dam V 12
Mississippi
556.7
IA
Jackson
(319) 872-3314
L'MWR,Savanna Dist.Spring
Mississippi
536.0
1L
Jackson, IA
(815)273-2732
I xxk & Dam II ! 3
Mississippi
522.5
11.
Clinton, IA
(815)589-3313
Archers Daniels Midland
Mississippi
516.0
IA
Clinton
Clinton
(319)242-1121
Interstate Power Co.
Mississippi
514 0
IA
Dubuque
Clinton
(319) 582-5421
commonwealth Edison
Mississippi
506.5
IL
East Moline
Scott, IA
(309) 654-2241
Iowa DNR Wildlife Bureau
Mississippi
503.0
IA
Scott
<515)281-5154
Molina Consumer Co.
Mississippi
498.0
IA
La Claire
Scott
(319)693-3161
Lock & Dam # 14
Mississippi
493.5
IL
Scott, IA
(309)788-6366
Aluminum Co. of America
Mississippi
489.5
IA
Davemport
Scott
(319)359-2754
City of East Moline
Mississippi
489.2
IL
East Moline
Scott, IA
(309)752-1519
City ofMoline
Mississippi
485.7
IL
Moline
Scoot, IA
(309) 797-0489
1A-II O&E - Molinte Stati
Mississippi
485.0
IA
Davenport
Scott
(319)326-7175
Harvester - Moline
Mississippi
485.0
IL
Moline
Scott, IA
(309) 765-7481
NOTE: Mites arc from US Army Corps of Engineers "Navigation Charts"
-------
MISSOURI AND MISSISSIPPI RIVER WATER INTAKES - REGION VII
NAME
RIVER
MILE
STATE
CITY
COUNTY
SECTION
TOWNSHIP
RANGE
PHONE
Rock Island Arsenal
Mississippi
484.2
IL
Rock Island
Scott
(309)782-1491
IA American Water
Mississippi
484.0
IA
Davenport
Scott
(319) 324-3264
City of Rock Island
Mississippi
482.9
IL
Rock Island
Scott
(309) 793-6674
1/ick & Dam H 15
Mississippi
482.9
IL
(309)788-6361
Central Iowa Power Corp,
Mississippi
468.0
IA
Montpelier
Muscatine
(319)381-2062
Lock & Dam# 16
Mississippi
457.2
IL
Muscatine, IA
(309)537-3191
Grain Processing Corp,
Mississippi
454.0
IA
Muscatine
Muscatine
(319)264-4695
Muscatine Power & Water
Mississippi
453.0
IA
Muscatine
Muscatine
(319) 263-2631
Lock & Dam# 17
Mississippi
437.1
IL
Lousia
(309)587-8125
Charles & Walter Gerst
Mississippi
426.0
IA
Oakville
Lousia
(319) 766-3285
Jaines Anderson
Mississippi
420.0
IA
Mediapolis
Des Moines
(319)937-6349
Calvin Wirt
Mississippi
417.0
IA
Burlington
Des Moines
(319)937-6753
Lock & Dam # 18
Mississippi
410.5
IL
Des Moines
(309) 873-2246
Burlington Water Co.
Mississippi
404.5
IA
Burlington
Des Moines
(319)752-7611
Iowa Southern Utilities
Mississippi
399.5
IA
Centerville
Des Moines
(515) 437-4400
City of Dallas City
Mississippi
390.6
IL
Dallas City
(217)852-3224
William J. Pieper
Mississippi
389.0
IA
Wever
(319)372-4504
Ft, Madison Water Co.
Mississippi
385.0
IA
Ft. Madison
Lee
(319)372-1602
Chevron Chemical Co.
Mississippi
378.5
IA
Fort Madison
Lee
(319) 372-6012
City ofNauvoo
Mississippi
375.8
IL
Nauvoo
Lee, IA
(217)453-2587
Union Electric *
Mississippi
364.5
MO
St. Louis
Lee, IA
(314)554-2637
Keokuk Water Co.
Mississippi
364.3
IA
Keokuk
Lee
(319) 524-2011
Lock & Dam# 19
Mississippi
364.2
IA
Keokukk
(319) 524-2631
-------
MISSOURI AND MISSISSIPPI RIVER WATER INTAKES - REGION VII
NAME
RIVER
MILE
STATE
CITY
COUNTY
SECTION
TOWNSHIP
RANGE
PHONE
Union Electric - Keokuk H
Mississippi
364.0
IA
Keokuk
Keokuh
(319) 524-6620
Hubinger Co.
Mississippi
363.5
IA
Keokuk
Keokuh
(319) 524-5757
City of Warsaw
Mississippi
359.8
1L
Warsaw
Clark, MO
(217)256-4512
Lock & Dam U 20
Mississippi
343.2
MO
Lewis
(314) 288-3320
City of Quincy
Mississippi
327.0
IL
Quincy
Marion
(217)228-4580
lx)ck & Dam ft 21
Mississippi
324.9
IL
Marion
(217)222-0918
llannibal Water Dept.
Mississippi
307.0
MO
Hannibal
Marion
(314)221-0341
Lock & Dam ft 22
Mississippi
301.2
MO
Marion
(314)221-0294
City of Louisiana
Mississippi
282.8
MO
Louisiana
Pike
l^ock & Dam #24
Mississippi
273.4
MO
Pike
(314)242-3524
Mark Twain Rcfuge-llaichto
Mississippi
245.0
IL
Brussels
(618)883-2524
Lock & Dam W25
Mississippi
241.4
MO
Lincoln
(314)668-8120
I.ouisiana Water Dept
Mississippi
223.0
MO
Louisiana
(314) 754-6912
Calhoun Point
Mississippi
220.0
IL
Grafton
St. Charles
(618)376-3303
1L American Water Co.
Mississippi
204.1
IL
Alton
St. Charles
(618) 466-9470
Lock & Dam tt 26
Mississippi
202.9
IL
St. Louis
(618) 462-1713
III. Power-Wood River
Mississippi
200.0
IL
Decatur
St. Louis
(217)424-7376
Olin Corp.
Mississippi
200.0
IL
East Alton
St. Charles
(618)258-2975
Ill-American Water Co.
Mississippi
192.2
IL
Belleville
St. Louis
(618)236-1180
St. Louis Water Division
Mississippi
190.4
MO
St. Louis
St Louis
(314)686-5640
Davenport Water Co.
Mississippi
190.0
IA
Davenport
(319)322-0161
Lock & Dam 827
Mississippi
185.0
IL
(618)452-7107
Union Electric - Venice
Mississippi
183.0
MO
St. Iouis
St. Louis
(314)554-5641
NOTE: Miles are from US Armv Corns ofEnpincens "Navioatirm rtian*"
-------
MISSOURI AND MISSISSIPPI RIVER WATER INTAKES - REGION VII
NAME
RIVER
MILE
STATE
CITY
COUNTY
SECTION
TOWNSHIP
RANGE
PHONE
!L American Water Co.
Mississippi
180.8
IL
Belleville
St. Louis
(314)236-1180
Union Electric - Rush Isl
Mississippi
140.0
MO
Crystal City
Jefferson
Menard Correctioal Center
Mississippi
109.9
IL
Menard
(618)826-5071
City of Chester
Mississippi
109.5
IL
Chester
St. Genevieve
(618) 826-3315
CIPS - Grand Tower Sta.
Mississippi
81.0
IL
Springfield
(618) 565-548!
Cape Girardeau
Mississippi
54.3
MO
Cape Girardeua
Cape Girardeua
(314)335-9145
Terra Chemical Int., Inc.
Missouri
719.0
IA
Woodbury
Iowa Public Service
Missouri
718.5
1A
Woodbury
(712)277-7901
Iowa Public Service
Missouri
716.6
IA
Woodbury
(712)277-7966
lilair
Missouri
648.4
NE
Washington
(402)426-9661
Omaha Public Power
Missouri
646.0
NE
Washington
f426-4011
Metropolitan Utilities
Missouri
626.3
NE
Douglas
(402) 449-8180
Omalm Public Power
Missouri
625.4
NE
Douglas
(402) 536-4484
Council Mulls Water Work
Missouri
619.0
IA
Pottawattamie
(712)328-9587
Omaha Public Power
Missouri
615.3
NE
Douglas
(402)536-4515
Omaha Sewage Treatment
Missouri
611.5
NE
Douglas
Iowa Power & Light
Missouri
606.0
IA
Pottawattamie
(712)366-0563
Bellevuc Power Plant
Missouri
601.7
NE
Sarpy
Omaha Public Power
Missouri
556.0
NE
Otoe
(402) 873-4459
Nebraska Public Power
Missouri
532.5
NE
Nemaha
(402)825-6811
St. Joseph Water Co.
Missouri
452.2
MO
Buchanan
(816)233-8844
S. Joseph Power & Light
Missouri
445.9
MO
Buchanan
!
Atiehison City Water Work
Missouri
422.5
KS
Atchison
(913)367-3067
-------
MISSOURI AND MISSISSIPPI RIVER WATER INTAKES - REGION VII
NAME
RIVER
MILE
STATE
CITY
COUNTY
SECTION
TOWNSHIP
RANGE
PHONE
Kansas City Power & Light
Missouri
411.0
MO
Platte
(816)386-5225
Lcvemvorth Water Dept.
Missouri
397.4
KS
Leavenworth
(913)727-1902
Jolinson County WD #1 & HI
Missouri
379.9
KS
Wyandotte
(913)722-3000
Mid-Continent Asphalt
Missouri
378.4
MO
Platte
KC Brd or'Puolic Utilities
Missouri
373.6
KS
Wyandotte
(913)573-9358
KC Brd of Public Works
Missouri
373.4
MO
Wyandotte
Kansas City Water Dept.
Missouri
370.5
MO
Clay
(816) 274-1256
Kansas City Power & Light
Missouri
36S.7
MO
Jackson
Kansas city Power & Light
Missouri
358.3
MO
Jackson
Missouri Public Service
Missouri
336.7
MO
Jackson
(816)249-6196
Missouri Water Company
Missouri
317.1
MO
(816)259-2912
Muni. Utilities Higginsvi
Missouri
306.5
MO
Lafayette
(816)584-2106
Glasgow
Missouri
226.9
MO
Chariton
(816)338-2148
Booneville, Bd of Public
Missouri
196.9
MO
Cooper
(816) 882-5131
Captinl City Water Co.
Missouri
144.1
MO
Jefferson City
Cole
(314)636-8616
Chamois Power Plant
Missouri
117.0
MO
Osage
Callaway Co. Nuclear Plan
Missouri
115.5
MO
Callaway
(314)676-8234
Union Electric
Missouri
57.6
MO
Franklin
St. Louis Water Div.
Missouri
37.1
MO
St. Louis
(314)469-1901
St. Louis County Water Co
Missouri
36.1
MO
SI. Louis
(314)991-3404
St. Charles Waterworks
Missouri
29.0
MO
St. Charles
Old Railroad Water Intake
Missouri
20.5
MO
St. Louis
(314)991-3404
St. Louis County Water Department
Missouri
20.2
MO
St. Louis
NOTE: Miles are from US Amiv Corns of Eneineers "Navieation Charts"
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX A.4
FEDERALLY
ENDANGERED or THREATENED
SPECIES
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
l
IA
Adair
Milkweed, Meads'
Plant
IA
Adair
Orchid, W. prairie fringed
Plant
IA
Allamakee
Eagle, Bald
Bird
IA
Allamakee
Monkshood, Northern
Plant
IA
Allamakee
Pearly mussel, Higgins' eye
Mussel
IA
Appanoose
Bat, Indiana
Mammal
IA
Appanoose
Eagle, Bald
Bird
IA
Benton
Eagle, Bald
Bird
IA
Black Hawk
Eagle, Bald
Bird
IA
Bremer
Orchid, W. prairie fringed
Plant
IA
Buena Vista
Orchid, W. prairie fringed
Plant
IA
Butler
Clover, Prairie bush
Plant
IA
Cherokee
Orchid, W. prairie fringed
Plant
IA
Clarke
Bat, Indiana
Mammal
IA
Clarke
Clover, Prairie bush
Plant
IA
Clarke
Milkweed, Meads'
Plant
IA
Clay
Orchid, W. prairie fringed
Plant
IA
Clayton
Eagle, Bald
Bird
IA
Clayton
Monkshood, Northern
Plant
IA
Clayton
Pearly mussel, Higgins' eye
Mussel
IA
Clayton
Snail, Iowa pleistocene
Snail
IA
Clinton
Eagle, Bald
Bird
IA
Clinton
Pearly mussel, Higgins' eye
Mussel
IA
Clinton
Snail, Iowa pleistocene
Snail
IA
Crawford
Orchid, W. prairie fringed
Plant
IA
Davis
Bat, Indiana
Mammal
IA
Decatur
Bat, Indiana
Mammal
IA
Decatur
Milkweed, Meads'
Plant
IA
Decatur
Orchid, E. prairie fringed
Plant
IA
Delaware
Monkshood, Northern
Plant
IA
Des Moines
Bat, Indiana
Mammal
IA
Des Moines
Eagle, Bald
Bird
IA
Des Moines
Pearly mussel, Higgins' eye
Mussel
IA
Dickerson
Clover, Prairie bush
Plant
IA
Dickerson
Orchid, W. prairie fringed
Plant
IA
Dubuque
Eagle, Bald
Bird
IA
Dubuque
Monkshood, Northern
Plant
IA
Dubuque
Pearly mussel, Higgins' eye
Mussel
IA
Dubuque
Snail, Iowa pleistocene
Snail
IA
Emmet
Clover, Prairie bush
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON'ALBY ACCURATE GUI DE. it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
2
IA
Emmet
Orchid, W. prairie fringed
Plant
IA
Fayette
Orchid, W. prairie fringed
Plant
IA
Fayette
Snail, Iowa pleistocene
Snail
IA
Fremont
Eagle, Bald
Bird
IA
Fremont
Sturgeon, Pallid
Fish
IA
Guthrie
Orchid, W. prairie fringed
Plant
IA
Hamilton
Eagle, Bald
Bird
IA
Hardin
Eagle, Bald
Bird
IA
Hardin
Monkshood, Northern
Plant
IA
Harrison
Eagle, Bald
Bird
IA
Harrison
Sturgeon, Pallid
Fish
IA
Henry
Bat, Indiana
Mammal
IA
Howard
Clover, Prairie bush
Plant
IA
Howard
Eagle, Bald
Bird
IA
Howard
Orchid, W. prairie fringed
Plant
IA
Iowa
Eagle, Bald
Bird
IA
Jackson
Eagle, Bald
Bird
IA
Jackson
Monkshood, Northern
Plant
IA
Jackson
Orchid, E. prairie fringed
Plant
IA
Jackson
Pearly mussel, Higgins' eye
Mussel
IA
Jackson
Snail, Iowa pleistocene
Snail
IA
Jasper
Bat, Indiana
Mammal
IA
Jefferson
Bat, Indiana
Mammal
IA
Jefferson
Eagle, Bald
Bird
IA
Johnson
Eagle, Bald
Bird
IA
Johnson
Orchid, E. prairie fringed
Plant
IA
Jones
Eagle, Bald
Bird
IA
Keokuk
Bat, Indiana
Mammal
IA
Kossuth
Clover, Prairie bush
Plant
IA
Kossuth
Orchid, W. prairie fringed
Plant
IA
Lee
Bat, Indiana
Mammal
IA
Lee
Eagle, Bald
Bird
IA
Linn
Eagle, Bald
Bird
IA
Linn
Falcon, Peregrine
Bird
IA
Louisa
Bat, Indiana
Mammal
IA
Louisa
Eagle, Bald
Bird
IA
Louisa
Pearly mussel, Higgins' eye
Mussel
IA
Lucas
Bat, Indiana
Mammal
IA
Lucas
Clover, Prairie bush
Plant
IA
Lucas
Eagle, Bald
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON ALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
IA
Madison
Bat, Indiana
Mammal
IA
Mahaska
Bat, Indiana
Mammal
IA
Marion
Bat, Indiana
Mammal
IA
Mills
Orchid, W. prairie fringed
Plant
IA
Mills
Sturgeon, Pallid
Fish
IA
Monona
Eagle, Bald
Bird
IA
Monona
Sturgeon, Pallid
Fish
IA
Monroe
Bat, Indiana
Mammal
IA
Muscatine
Bat, Indiana
Mammal
IA
Muscatine
Eagle, Bald
Bird
IA
Muscatine
Pearly mussel, Higgins' eye
Mussel
IA
Osceola
Clover, Prairie bush
Plant
IA
Pocahontas
Orchid, W. prairie fringed
Plant
IA
Polk
Eagle, Bald
Bird
IA
Polk
Falcon, Peregrine
Bird
IA
Pottawattamie
Eagle, Bald
Bird
IA
Pottawattamie
Plover, Piping
Bird
IA
Pottawattamie
Sturgeon, Pallid
Fish
IA
Pottawattamie
Tern, Interior least
Bird
IA
Ringgold
Bat, Indiana
Mammal
IA
Ringgold
Milkweed, Meads'
Plant
IA
Sac
Eagle, Bald
Bird
IA
Scott
Eagle, Bald
Bird
IA
Scott
Pearly mussel, Higgins' eye
Mussel
IA
Story
Clover, Prairie bush
Plant
IA
Taylor
Orchid, W. prairie fringed
Plant
IA
Union
Bat, Indiana
Mammal
IA
Van Buren
Bat, Indiana
Mammal
IA
Van Buren
Eagle, Bald
Bird
IA
Wapello
Bat, Indiana
Mammal
IA
Wapello
Eagle, Bald
Bird
IA
Warren
Bat, Indiana
Mammal
IA
Warren
Milkweed, Meads'
Plant
IA
Washington
Bat, Indiana
Mammal
IA
Washington
Eagle, Bald
Bird
IA
Wayne
Bat, Indiana
Mammal
IA
Winneshiek
Clover, Prairie bush
Plant
IA
Winneshiek
Eagle, Bald
Bird
IA
Woodbuiy
Eagle, Bald
Bird
IA
Woodbury
Plover, Piping
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species locatioa
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
4
IA
Woodbury
Sturgeon, Pallid
Fish
IA
Woodbury
Tem, Interior least
Bird
KS
Allen
Eagle, Bald
Bird
KS
Allen
Falcon, Peregrine
Bird
KS
Allen
Madtom, Neosho
Fish
KS
Allen
Milkweed, Meads'
Plant
KS
Allen
Orchid, W. prairie fringed
Plant
KS
Anderson
Eagle, Bald
Bird
KS
Anderson
Falcon, Peregrine
Bird
KS
Anderson
Milkweed, Meads'
Plant
KS
Anderson
Orchid, W. prairie fringed
Plant
KS
Atchison
Eagle, Bald
Bird
KS
Atchison
Falcon, Peregrine
Bird
KS
Atchison
Plover, Piping
Bird
KS
Atchison
Sturgeon, Pallid
Fish
KS
Atchison
Tern, Interior least
Bird
KS
Barber
Crane, Whooping
Bird
KS
Barber
Eagle, Bald
Bird
KS
Barber
Falcon, Peregrine
Bird
KS
Barton
Crane, Whooping
Bird
KS
Barton
Eagle, Bald
Bird
KS
Barton
Falcon, Peregrine
Bird
KS
Barton
Plover, Piping
Bird
KS
Barton
Tern, Interior least
Bird
KS
Bourbon
Bat, Gray
Mammal
KS
Bourbon
Eagle, Bald
Bird
KS
Bourbon
Falcon, Peregrine
Bird
KS
Bourbon
Milkweed, Meads'
Plant
KS
Bourbon
Orchid, W. prairie fringed
Plant
KS
Brown
Eagle, Bald
Bird
KS
Brown
Falcon, Peregrine
Bird
KS
Butler
Eagle, Bald
Bird
KS
Butler
Falcon, Peregrine
Bird
KS
Chase
Eagle, Bald
Bird
KS
Chase
Falcon, Peregrine
Bird
KS
Chase
Madtom, Neosho
Fish
KS
Chautauqua
Eagle, Bald
Bird
KS
Chautauqua
Falcon, Peregrine
Bird
KS
Cherokee
Bat, Gray
Mammal
KS
Cherokee
Eagle, Bald
Bird
DISCLAIMER: The folliwing lisi identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species locatioa
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Cherokee
Falcon, Peregrine
Bird
KS
Cherokee
Madtom, Neosho
Fish
KS
Cheyenne
Crane, Whooping
Bird
KS
Cheyenne
Eagle, Bald
Bird
KS
Cheyenne
Falcon, Peregrine
Bird
KS
Cheyenne
Ferret, Black-footed
Mammal
KS
Clark
Crane, Whooping
Bird
KS
Clark
Eagle, Bald
Bird
KS
Clark
Falcon, Peregrine
Bird
KS
Clark
Ferret, Black-footed
Mammal
KS
Clark
Plover, Piping
Bird
KS
Clark
Tern, Interior least
Bird
KS
Clay
Eagle, Bald
Bird
KS
Clay
Falcon, Peregrine
Bird
KS
Cloud
Crane, Whooping
Bird
KS
Cloud
Eagle, Bald
Bird
KS
Cloud
Falcon, Peregrine
Bird
KS
Coffey
Eagle, Bald
Bird
KS
Coffey
Falcon, Peregrine
Bird
KS
Coffey
Madtom, Neosho
Fish
KS
Coffey
Milkweed, Meads'
Plant
KS
Coffey
Orchid, W. prairie fringed
Plant
KS
Comanche
Crane, Whooping
Bird
KS
Comanche
Eagle, Bald
Bird
KS
Comanche
Falcon, Peregrine
Bird
KS
Comanche
Plover, Piping
Bird
KS
Comanche
Tern, Interior least
Bird
KS
Cowley
Eagle, Bald
Bird
KS
Cowley
Falcon, Peregrine
Bird
KS
Cowley
Plover, Piping
Bird
KS
Cowley
Tern, Interior least
Bird
KS
Crawford
Bat, Gray
Mammal
KS
Crawford
Eagle, Bald
Bird
KS
Crawford
Falcon, Peregrine
Bird
KS
Crawford
Madtom, Neosho
Fish
KS
Crawford
Milkweed, Meads'
Plant
KS
Crawford
Orchid, W. prairie fringed
Plant
KS
Decatur
Crane, Whooping
Bird
KS
Decatur
Eagle, Bald
Bird
KS
Decatur
Falcon, Peregrine
Bird
DISCLAIMER: The folliwmg list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Decatur
Ferret, B:. .k-footed
Mammal
KS
Dickenson
Eagle, Bald
Bird
KS
Doniphan
Eagle, Bald
Bird
KS
Doniphan
Falcon, Peregrine
Bird
KS
Doniphan
Plover, Piping
Bird
KS
Doniphan
Sturgeon, Pallid
Fish
KS
Doniphan
Tern, Interior least
Bird
KS
Douglas
Eagle, Bald
Bird
KS
Douglas
Falcon, Peregrine
Bird
KS
Douglas
Milkweed, Meads'
Plant
KS
Douglas
Orchid, W. prairie fringed
Plant
KS
Douglas
Plover, Piping
Bird
KS
Douglas
Sturgeon, Pallid
Fish
KS
Douglas
Tern, Interior least
Bird
KS
Edwards
Crane, Whooping
Bird
KS
Edwards
Eagle, Bald
Bird
KS
Edwards
Falcon, Peregrine
Bird
KS
Edwards
Plover, Piping
Bird
KS
Edwards
Tern, Interior least
Bird
KS
Elk
Eagle, Bald
Bird
KS
Elk
Falcon, Peregrine
Bird
KS
Ellis
Crane, Whooping
Bird
KS
Ellis
Eagle, Bald
Bird
KS
Ellis
Falcon, Peregrine
Bird
KS
Ellsworth
Crane, Whooping
Bird
KS
Ellsworth
Eagle, Bald
Bird
KS
Ellsworth
Falcon, Peregrine
Bird
KS
Finney
Crane, Whooping
Bird
KS
Finney
Eagle, Bald
Bird
KS
Finney
Falcon, Peregrine
Bird
KS
Finney
Ferret, Black-footed
Mammal
KS
Finney
Plover, Piping
Bird
KS
Finney
Tern, Interior least
Bird
KS
Ford
Crane, Whooping
Bird
KS
Ford
Eagle, Bald
Bird
KS
Ford
Falcon, Peregrine
Bird
KS
Ford
Ferret, Black-footed
Mammal
KS
Ford
Plover, Piping
Bird
KS
Ford
Tern, Interior least
Bird
KS
Franklin
Eagle, Bald
Bird
DISCLAIMER: The folltwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. Whiie this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Franklin
Falcon, Peregrine
Bird
KS
Franklin
Milkweed, Meads'
Plant
KS
Franklin
Orchid, W. prairie fringed
Plant
KS
Geary
Crane, Whooping
Bird
KS
Geary
Eagle, Bald
Bird
KS
Geary
Falcon, Peregrine
Bird
KS
Gove
Crane, Whooping
Bird
KS
Gove
Eagle, Bald
Bird
KS
Gove
Falcon, Peregrine
Bird
KS
Gove
Ferret, Black-footed
Mammal
KS
Graham
Crane, Whooping
Bird
KS
Graham
Falcon, Peregrine
Bird
KS
Graham
Ferret, Black-footed
Mammal
KS
Grahan
Eagle, Bald
Bird
KS
Grant
Crane, Whooping
Bird
KS
Grant
Eagle, Bald
Bird
KS
Grant
Falcon, Peregrine
Bird
KS
Grant
Ferret, Black-footed
Mammal
KS
Grant
Plover, Piping
Bird
KS
Gray
Crane, Whooping
Bird
KS
Gray
Eagle, Bald
Bird
KS
Gray
Falcon, Peregrine
Bird
KS
Gray
Ferret, Black-footed
Mammal
KS
Greeley
Crane, Whooping
Bird
KS
Greeley
Eagle, Bald
Bird
KS
Greeley
Falcon, Peregrine
Bird
KS
Greeley
Ferret, Black-footed
Mammal
KS
Greenwood
Eagle, Bald
Bird
KS
Greenwood
Falcon, Peregrine
Bird
KS
Hamilton
Crane, Whooping
Bird
KS
Hamilton
Eagle, Bald
Bird
KS
Hamilton
Falcon, Peregrine
Bird
KS
Hamilton
Ferret, Black-footed
Mammal
KS
Hamilton
Plover, Piping
Bird
KS
Hamilton
Tern, Interior least
Bird
KS
Haiper
Crane, Whooping
Bird
KS
Harper
Eagle, Bald
Bird
KS
Harper
Falcon, Peregrine
Bird
KS
Harvey
Crane, Whooping
Bird
KS
Harvey
Eagle, Bald
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURA TE GUIDE, it should not be eonsidored the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
g
KS
Harvey
Falcon, Peregrine
Bird
KS
Haskell
Crane, Whooping
Bird
KS
Haskell
Eagle, Bald
Bird
KS
Haskell
Falcon, Peregrine
Bird
KS
Haskell
Ferret, Black-footed
Mammal
KS
Haskell
Plover, Piping
Bird
KS
Haskell
Tern, Interior least
Bird
KS
Hodgeman
Crane, Whooping
Bird
KS
Hodgeman
Eagle, Bald
Bird
KS
Hodgeman
Falcon, Peregrine
Bird
KS
Hodgeman
Ferret, Black-footed
Mammal
KS
Jackson
Eagle, Bald
Bird
KS
Jackson
Falcon, Peregrine
Bird
KS
Jefferson
Eagle, Bald
Bird
KS
Jefferson
Falcon, Peregrine
Bird
KS
Jefferson
Milkweed, Meads'
Plant
KS
Jefferson
Orchid, W. prairie fringed
Plant
KS
Jefferson
Plover, Piping
Bird
KS
Jefferson
Sturgeon, Pallid
Fish
KS
Jefferson
Tern, Interior least
Bird
KS
Jewell
Crane, Whooping
Bird
KS
Jewell
Eagle, Bald
Bird
KS
Jewell
Falcon, Peregrine
Bird
KS
Johnson
Eagle, Bald
Bird
KS
Johnson
Falcon, Peregrine
Bird
KS
Johnson
Milkweed, Meads'
Plant
KS
Johnson
Orchid, W. prairie fringed
Plant
KS
Johnson
Plover, Piping
Bird
KS
Johnson
Sturgeon, Pallid
Fish
KS
Johnson
Tern, Interior least
Bird
KS
Kearny
Crane, Whooping
Bird
KS
Kearny
Eagle, Bald
Bird
KS
Kearny
Falcon, Peregrine
Bird
KS
Kearny
Ferret, Black-footed
Mammal
KS
Kearny
Plover, Piping
Bird
KS
Kearny
Tern, Interior least
Bird
KS
Kingman
Crane, Whooping
Bird
KS
Kingman
Eagle, Bald
Bird
KS
Kingman
Falcon, Peregrine
Bird
KS
Kingman
Plover, Piping
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Kingman
Tern, Interior least
Bird
KS
Kiowa
Crane, Whooping
Bird
KS
Kiowa
Eagle, Bald
Bird
KS
Kiowa
Falcon, Peregrine
Bird
KS
Kiowa
Plover, Piping
Bird
KS
Kiowa
Tern, Interior least
Bird
KS
Labette
Bat, Gray
Mammal
KS
Labette
Eagle, Bald
Bird
KS
Labette
Falcon, Peregrine
Bird
KS
Labettee
Madtom, Neosho
Fish
KS
Lane
Crane, Whooping
Bird
KS
Lane
Falcon, Peregrine
Bird
KS
Lane
Ferret, Black-footed
Mammal
KS
Leavenworth
Eagle, Bald
Bird
KS
Leavenworth
Falcon, Peregrine
Bird
KS
Leavenworth
Milkweed, Meads'
Plant
KS
Leavenworth
Orchid, W. prairie fringed
Plant
KS
Leavenworth
Plover, Piping
Bird
KS
Leavenworth
Sturgeon, Pallid
Fish
KS
Leavenworth
Tern, Interior least
Bird
KS
Lincoln
Crane, Whooping
Bird
KS
Lincoln
Eagle, Bald
Bird
KS
Lincoln
Falcon, Peregrine
Bird
KS
Linn
Eagle, Bald
Bird
KS
Linn
Falcon, Peregrine
Bird
KS
Linn
Milkweed, Meads'
Plant
KS
Linn
Orchid, W. prairie fringed
Plant
KS
Logan
Crane, Whooping
Bird
KS
Logan
Eagle, Bald
Bird
KS
Logan
Falcon, Peregrine
Bird
KS
Logan
Ferret, Black-footed
Mammal
KS
Lyon
Eagle, Bald
Bird
KS
Lyon
Falcon, Peregrine
Bird
KS
Lyon
Madtom, Neosho
Fish
KS
Marion
Eagle, Bald
Bird
KS
Marion
Falcon, Peregrine
Bird
KS
Marion
Madtom, Neosho
Fish
KS
Marshall
Eagle, Bald
Bird
KS
Marshall
Falcon, Peregrine
Bird
KS
McPherson
Crane, Whooping
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
McPherson
Eagle, Bald
B "i
KS
McPherson
Falcon, Peregrine
Blu
KS
Meade
Crane, Whooping
Bird
KS
Meade
Eagle, Bald
Bird
KS
Meade
Falcon, Peregrine
Bird
KS
Meade
Ferret, Black-footed
Mammal
KS
Meade
Plover, Piping
Bird
KS
Meade
Tern, Interior least
Bird
KS
Miami
Eagle, Bald
Bird
KS
Miami
Falcon, Peregrine
Bird
KS
Miami
Milkweed, Meads'
Plant
KS
Miami
Orchid, W. prairie fringed
Plant
KS
Mitchell
Crane, Whooping
Bird
KS
Mitchell
Eagle, Bald
Bird
KS
Mitchell
Falcon, Peregrine
Bird
KS
Montgomery
Eagle, Bald "
Bird
KS
Montgomery
Falcon, Peregrine
Bird
KS
Morris
Eagle, Bald
Bird
KS
Morris
Falcon, Peregrine
Bird
KS
Morris
Madtom, Neosho
Fish
KS
Morton
Crane, Whooping
Bird
KS
Morton
Eagle, Bald
Bird
KS
Morton
Falcon, Peregrine
Bird
KS
Morton
Ferret, Black-footed
Mammal
KS
Morton
Plover, Piping
Bird
KS
Morton
Tern, Interior least
Bird
KS
Nemaha
Eagle, Bald
Bird
KS
Nemaha
Falcon, Peregrine
Bird
KS
Neosho
Eagle, Bald
Bird
KS
Neosho
Falcon, Peregrine
Bird
KS
Neosho
Milkweed, Meads'
Plant
KS
Neosho
Orchid, W. prairie fringed
Plant
KS
Ness
Crane, Whooping
Bird
KS
Ness
Eagle, Bald
Bird
KS
Ness
Falcon, Peregrine
Bird
KS
Ness
Ferret, Black-footed
Mammal
KS
Norton
Crane, Whooping
Bird
KS
Norton
Eagle, Bald
Bird
KS
Norton
Falcon, Peregrine
Bird
KS
Norton
Ferret, Black-footed
Mammal
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON ALBY ACCl 'R ATE Gl ;ll)K. it should not be considered the final word in determining species location
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Osage
Eagle, Bald
Bird
KS
Osage
Falcon, Peregrine
Bird
KS
Osborne
Crane, Whooping
Bird
KS
Osborne
Eagle, Bald
Bird
KS
Osborne
Falcon, Peregrine
Bird
KS
Ottawa
Crane, Whooping
Bird
KS
Ottawa
Eagle, Bald
Bird
KS
Ottawa
Falcon, Peregrine
Bird
KS
Pawnee
Crane, Whooping
Bird
KS
Pawnee
Eagle, Bald
Bird
KS
Pawnee
Falcon, Peregrine
Bird
KS
Pawnee
Plover, Piping
Bird
KS
Pawnee
Tern, Interior least
Bird
KS
Phillips
Crane, Whooping
Bird
KS
Phillips
Eagle, Bald
Bird
KS
Phillips
Falcon, Peregrine
Bird
KS
Pottawatomie
Crane, Whooping
Bird
KS
Pottawatomie
Eagle, Bald
Bird
KS
Pottawatomie
Falcon, Peregrine
Bird
KS
Pottawatomie
Plover, Piping
Bird
KS
Pottawatomie
Tern, Interior least
Bird
KS
Pratt
Eagle, Bald
Bird
KS
Pratt
Falcon, Peregrine
Bird
KS
Rawlings
Falcon, Peregrine
Bird
KS
Rawlins
Crane, Whooping
Bird
KS
Rawlins
Eagle, Bald
Bird
KS
Rawlins
Ferret, Black-footed
Mammal
KS
Reno
Crane, Whooping
Bird
KS
Reno
Eagle, Bald
Bird
KS
Reno
Falcon, Peregrine
Bird
KS
Reno
Plover, Piping
Bird
KS
Reno
Tern, Interior least
Bird
KS
Republic
Crane, Whooping
Bird
KS
Republic
Eagle, Bald
Bird
KS
Republic
Falcon, Peregrine
Bird
KS
Rice
Crane, Whooping
Bird
KS
Rice
Eagle, Bald
Bird
KS
Rice
Falcon, Peregrine
Bird
KS
Rice
Plover, Piping
Bird
KS
Rice
Tern, Interior least
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
12
KS
Riley
Crane, Whooping
Bird
KS
Riley
Eagle, Bald
Bird
KS
Riley
Falcon, Peregrine
Bird
KS
Riley
Plover, Piping
Bird
KS
Riley
Tern, Interior least
Bird
KS
Rooks
Crane, Whooping
Bird
KS
Rooks
Eagle, Bald
Bird
KS
Rooks
Falcon, Peregrine
Bird
KS
Rush
Crane, Whooping
Bird
KS
Rush
Eagle, Bald
Bird
KS
Rush
Falcon, Peregrine
Bird
KS
Russell
Crane, Whooping
Bird
KS
Russell
Eagle, Bald
Bird
KS
Russell
Falcon, Peregrine
Bird
KS
Saline
Crane, Whooping
Bird
KS
Saline
Eagle, Bald
Bird
KS
Saline
Falcon, Peregrine
Bird
KS
Scott
Crane, Whooping
Bird
KS
Scott
Eagle, Bald
Bird
KS
Scott
Falcon, Peregrine
Bird
KS
Scott
Ferret, Black-footed
Mammal
KS
Sedgwick
Crane, Whooping
Bird
KS
Sedgwick
Eagle, Bald
Bird
KS
Sedgwick
Falcon, Peregrine
Bird
KS
Sedgwick
Plover, Piping
Bird
KS
Sedgwick
Tern, Interior least
Bird
KS
Seward
Eagle, Bald
Bird
KS
Seward
Falcon, Peregrine
Bird
KS
Seward
Ferret, Black-footed
Mammal
KS
Seward
Plover, Piping
Bird
KS
Seward
Tern, Interior least
Bird
KS
Shawnee
Eagle, Bald
Bird
KS
Shawnee
Falcon, Peregrine
Bird
KS
Shawnee
Plover, Piping
Bird
KS
Shawnee
Tern, Interior least
Bird
KS
Sheridan
Crane, Whooping
Bird
KS
Sheridan
Eagle, Bald
Bird
KS
Sheridan
Falcon, Peregrine
Bird
KS
Sheridan
Ferret, Black-footed
Mammal
KS
Sherman
Crane, Whooping
Bird
DISCLAIMER: The foiliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
13
KS
Sherman
Eagle, Bald
Bird
KS
Sherman
Falcon, Peregrine
Bird
KS
Sherman
Ferret, Black-footed
Mammal
KS
Smith
Eagle, Bald
Bird
KS
Smith
Falcon, Peregrine
Bird
KS
Stafford
Crane, Whooping
Bird
KS
Stafford
Eagle, Bald
Bird
KS
Stafford
Falcon, Peregrine
Bird
KS
Stafford
Plover, Piping
Bird
KS
Stafford
Tern, Interior least
Bird
KS
Stanton
Crane, Whooping
Bird
KS
Stanton
Eagle, Bald
Bird
KS
Stanton
Falcon, Peregrine
Bird
KS
Stanton
Ferret, Black-footed
Mammal
KS
Stevens
Crane, Whooping
Bird
KS
Stevens
Eagle, Bald
Bird
KS
Stevens
Falcon, Peregrine
Bird
KS
Stevens
Ferret, Black-footed
Mammal
KS
Stevens
Plover, Piping
Bird
KS
Stevens
Tern, Interior least
Bird
KS
Summer
Crane, Whooping
Bird
KS
Summer
Eagle, Bald
Bird
KS
Summer
Falcon, Peregrine
Bird
KS
Summer
Plover, Piping
Bird
KS
Summer
Tern, Interior least
Bird
KS
Thomas
Crane, Whooping
Bird
KS
Thomas
Eagle, Bald
Bird
KS
Thomas
Falcon, Peregrine
Bird
KS
Thomas
Ferret, Black-footed
Mammal
KS
Trego
Crane, Whooping
Bird
KS
Trego
Eagle, Bald
Bird
KS
Trego
Falcon, Peregrine
Bird
KS
Trego
Ferret, Black-footed
Mammal
KS
Wabaunsee
Crane, Whooping
Bird
KS
Wabaunsee
Eagle, Bald
Bird
KS
Wabaunsee
Falcon, Peregrine
Bird
KS
Wabaunsee
Plover, Piping
Bird
KS
Wabaunsee
Tern, Interior least
Bird
KS
Wallace
Crane, Whooping
Bird
KS
Wallace
Eagle, Bald
Bird
DISCLAIMER: The folliwing iist identifies federally listed or proposed Federally Kdangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GL'IDK. il should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
KS
Wallace
Falcon, Peregrine
Bird
KS
Wallace
Ferret, Black-footed
Mammal
KS
Washington
Eagle, Bald
Bird
KS
Washington
Falcon, Peregrine
Bird
KS
Wichita
Crane, Whooping
Bird
KS
Wichita
Eagle, Bald
Bird
KS
Wichita
Falcon, Peregrine
Bird
KS
Wichita
Ferret, Black-footed
Mammal
KS
Wilson
Eagle, Bald
Bird
KS
Wilson
Falcon, Peregrine
Bird
KS
Woodson
Eagle, Bald
Bird
KS
Woodson
Falcon, Peregrine
Bird
KS
Woodson
Madtom, Neosho
Fish
KS
Wyandotte
Eagle, Bald
Bird
KS
Wyandotte
Falcon, Peregrine
Bird
KS
Wyandotte
Plover, Piping
Bird
KS
Wyandotte
Sturgeon, Pallid
Fish
KS
Wyandotte
Tern, Interior least
Bird
MO
Adair
Bat, Indiana
Mammal
MO
Andrew
Bat, Indiana
Mammal
MO
Atchison
Bat, Indiana
Mammal
MO
Atchison
Eagle, Bald
Bird
MO
Atchison
Orchid, W. prairie fringed
Plant
MO
Atchison
Sturgeon, Pallid
Fish
MO
Audrain
Bat, Indiana
Mammal
MO
Barry
Bat, Indiana
Mammal
MO
Barry
Bat, Gray
Mammal
MO
Barry
Cavefish, Ozark
Fish
MO
Barry
Clover, Running buffalo
Plant
MO
Barton
Milkweed, Mead's
Plant
MO
Bates
NONE
MO
Benton
Bat, Gray
Mammal
MO
Benton
Clover, Running buffalo
Plant
MO
Benton
Darter, Niangua
Fish
MO
Benton
Eagle, Bald
Bird
MO
Benton
Milkweed, Mead's
Plant
MO
Bollinger
Pearly mussel, Curtis
Mussel
MO
Boone
Bat, Indiana
Mammal
MO
Boone
Bat, Gray
Mammal
MO
Boone
Clover, Running buffalo
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
MO
Boone
Sturgeon, Pallid
Fish
MO
Buchanan
Bat, Indiana
Mammal
MO
Buchanan
Sturgeon, Pallid
Fish
MO
Butler
Eagle, Bald
Bird
MO
Butler
Pearly mussel, Pink mucket
Mussel
MO
Butler
Pondberry
Plant
MO
Caldwell
Bat, Indiana
Mammal
MO
Callaway
Bat, Indiana
Mammal
MO
Callaway
Clover, Running buffalo
Plant
MO
Callaway
Eagle, Bald
Bird
MO
Callaway
Sturgeon, Pallid
Fish
MO
Camden
Bat, Gray
Mammal
MO
Camden
Bat, Indiana
Mammal
MO
Camden
Eagle, Bald
Bird
MO
Cape Girardeau
Aster, Decurrent false
Plant
MO
Cape Girardeau
Eagle, Bald
Bird
MO
Carrol
Bat, Indiana
Mammal
MO
Carrol
Eagle, Bald
Bird
MO
Carrol
Sturgeon, Pallid
Fish
MO
Carter
Bat, Gray
Mammal
MO
Carter
Clover, Running buffalo
Plant
MO
Cass
Milkweed, Mead's
Plant
MO
Cedar
Clover, Running buffalo
Plant
MO
Cedar
Darter, Niangua
Fish
MO
Cedar
Geocarpon, minimum
Plant
MO
Cedar
Milkweed, Mead's
Plant
MO
Cedar
Pearly mussel, Pink mucket
Mussel
MO
Chariton
Bat, Indiana
Mammal
MO
Chariton
Eagle, Bald
Bird
MO
Chariton
Sturgeon, Pallid
Fish
MO
Christian
Bat, Indiana
Mammal
MO
Christian
Bat, Gray
Mammal
MO
Christian
Bladder-pod, Missouri
Plant
MO
Christian
Clover, Running buffalo
Plant
MO
Clark
Bat, Indiana
Mammal
MO
Clark
Eagle, Bald
Bird
MO
Clark
Pocketbook, Fat
Mussel
MO
Clay
Bat, Indiana
Mammal
MO
Clay
Falcon, Peregrine
Bird
MO
Clay
Sturgeon, Pallid
Fish
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
16
MO
Clinton
Bat, Indiana
Mammal
MO
Cole
Bat, Gray
Mammal
MO
Cole
Darter, Niangua
Fish
MO
Cole
Eagle, Bald
Bird
MO
Cole
Pearly mussel, Pink mucket
Mussel
MO
Cole
Pocketbook, Fat
Mussel
MO
Cole
Sturgeon, Pallid
Fish
MO
Cooper
Bat, Indiana
Mammal
MO
Cooper
Sturgeon, Pallid
Fish
MO
Crawford
Bat, Indiana
Mammal
MO
Crawford
Bat, Gray
Mammal
MO
Crawford
Clover, Running buffalo
Plant
MO
Dade
Bat, Gray
Mammal
MO
Dade
Clover, Running buffalo
Plant
MO
Dade
Geocarpon, minimum
Plant
MO
Dade
Milkweed, Mead's
Plant
MO
Dade
Pearly mussel, Pink mucket
Mussel
MO
Dallas
Bat, Gray
Mammal
MO
Dallas
Darter, Niangua
Fish
MO
Daviess
Bat, Indiana
Mammal
MO
De Kalb
Bat, Indiana
Mammal
MO
Dent
Bat, Gray
Mammal
MO
Dent
Clover, Running buffalo
Plant
MO
Douglas
NONE
MO
Dunklin
Clover, Running buffalo
Plant
MO
Franklin
Bat, Gray
Mammal
MO
Franklin
Bat, Indiana
Mammal
MO
Franklin
Pearly mussel, Pink mucket
Mussel
MO
Franklin
Sturgeon, Pallid
Fish
MO
Gasconade
Pearly mussel, Pink mucket
Mussel
MO
Gasconade
Sturgeon, Pallid
Fish
MO
Gentry
Bat, Indiana
Mammal
MO
Greene
Bat, Gray
Mammal
MO
Greene
Bladder-pod, Missouri
Plant
MO
Greene
Cavefish, Ozark
Fish
MO
Greene
Darter, Niangua
Fish
MO
Greene
Geocarpon, minimum
Plant
MO
Grundy
Bat, Indiana
Mammal
MO
Harrison
Bat, Indiana
Mammal
MO
Harrison
Milkweed, Mead's
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Fdangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON ALB Y ACCURATE GUIDE, it should not bo considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
MO
Harrison
Orchid, W. prairie fringed
Plant
MO
Henry
Bat, Gray
Mammal
MO
Henry
Bat, Indiana
Mammal
MO
Henry
Eagle, Bald
Bird
MO
Henry
Milkweed, Mead's
Plant
MO
Hickory
Bat, Gray
Mammal
MO
Hickory
Darter, Niangua
Fish
MO
Holt
Bat, Indiana
Mammal
MO
Holt
Eagle, Bald
Bird
MO
Holt
Orchid, W. prairie fringed
Plant
MO
Holt
Sturgeon, Pallid
Fish
MO
Howard
Bat, Indiana
Mammal
MO
Howard
Clover, Running buffalo
Plant
MO
Howard
Sturgeon, Pallid
Fish
MO
Howell
Aster, Decurrent false
Plant
MO
Iron
Bat, Indiana
Mammal
MO
Iron
Bladder-pod, Missouri
Plant
MO
Iron
Milkweed, Mead's
Plant
MO
Jackson
Falcon, Peregrine
Bird
MO
Jackson
Orchid, W. prairie fringed
Plant
MO
Jackson
Sturgeon, Pallid
Fish
MO
Jasper
Bat, Gray
Mammal
MO
Jasper
Cavefish, Ozark
Fish
MO
Jasper
Geocarpon, minimum
Plant
MO
Jasper
Madtom, Neosho
Fish
MO
Jasper
Orchid, W. paririe fringed
Plant
MO
Jefferson
Bat, Gray
Mammal
MO
Jefferson
Bat, Indiana
Mammal
MO
Jefferson
Eagle, Bald
Bird
MO
Jefferson
Pearly mussel. Pink mucket
Mussel
MO
Jefferson
Sturgeon, Pallid
Fish
MO
Johnson
Milkweed, Mead's
Plant
MO
Johnson
Orchid, W. prairie fringed
Plant
MO
Knox
Bat, Indiana
Mammal
MO
Laclede
Bat, Gray
Mammal
MO
Laclede
Bat, Indiana
Mammal
MO
Laclede
Clover, Running buffalo
Plant
MO
Lafayette
Sturgeon, Pallid
Fish
MO
Lawrence
Bat, Gray
Mammal
MO
Lawrence
Bladder-pod, Missouri
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
MO
Lawrence
Cavefish, Ozark
Fish
MO
Lawrence
Geocarpon, minimum
Plant
MO
Lawrence
Orchid, W. prairie fringed
Plant
MO
Lewis
Bat, Indiana
Mammal
MO
Lewis
Eagle, Bald
Bird
MO
Lewis
Pocketbook, Fat
Mussel
MO
Lincoln
Aster, Decurrent false
Plant
MO
Lincoln
Bat, Indiana
Mammal
MO
Linn
Bat, Indiana
Mammal
MO
Livingston
Bat, Indiana
Mammal
MO
Livingston
Eagle, Bald
Bird
MO
Macon
Bat, Indiana
Mammal
MO
Macon
Eagle, Bald
Bird
MO
Madison
Clover, Running buffalo
Plant
MO
Maries
Bat, Gray
Mammal
MO
Marion
Bat, Indiana
Mammal
MO
Marion
Pocketbook, Fat
Mussel
MO
McDonald
Bat, Gray
Mammal
MO
Mercer
Bat, Indiana
Mammal
MO
Miller
Bat, Indiana
Mammal
MO
Miller
Bat, Gray
Mammal
MO
Miller
Darter, Niangua
Fish
MO
Miller
Eagle, Bald
Bird
MO
Mississippi
Eagle, Bald
Bird
MO
Mississippi
Tern, Interior least
Bird
MO
Moniteau
Clover, Running buffalo
Plant
MO
Moniteau
Sturgeon, Pallid
Fish
MO
Monroe
Bat, Indiana
Mammal
MO
Montgomery
Bat, Indiana
Mammal
MO
Montgomery
Sturgeon, Pallid
Fish
MO
Morgan
Geocarpon, minimum
Plant
MO
New Madrid
Eagle, Bald
Bird
MO
New Madrid
Tern, Interior least
Bird
MO
Newton
Cavefish, Ozark
Fish
MO
Nodaway
Bat, Indiana
Mammal
MO
Oregon
Bat, Indiana
Mammal
MO
Oregon
Bat, Gray
Mammal
MO
Osage
Bat, Gray
Mammal
MO
Osage
Darter, Niangua
Fish
MO
Osage
Eagle, Bald
Bird
DISCLAIMER: The folliwirig list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
MO
Osage
Pearly mussel, Pink mucket
Mussel
MO
Osage
Sturgeon, Pallid
Fish
MO
Ozark
Bat, Gray
Mammal
MO
Ozark
Clover, Running buffalo
Plant
MO
Pemiscot
Sturgeon, Pallid
Fish
MO
Pemiscot
Tern, Interior least
Bird
MO
Perry
Sturgeon, Pallid
Fish
MO
Pettis
Milkweed, Mead's
Plant
MO
Phelps
Clover, Running buffalo
Plant
MO
Phelps
Eagle, Bird
Bird
MO
Pike
Aster, Decurrent false
Plant
MO
Pike
Bat, Gray
Mammal
MO
Pike
Bat, Indiana
Mammal
MO
Pike
Eagle, Bald
Bird
MO
Pike
Pocketbook, Fat
Mussel
MO
Platte
Bat, Indiana
Mammal
MO
Platte
Sturgeon, Pallid
Fish
MO
Polk
Darter, Niangua
Fish
MO
Polk
Geocarpon, minimum
Plant
MO
Polk
Milkweed, Mead's
Plant
MO
Pulaski
Bat, Indiana
Mammal
MO
Pulaski
Bat, Gray
Mammal
MO
Pulaski
Eagle, Bald
Bird
MO
Putman
Bat, Indiana
Mammal
MO
Ralls
Bat, Gray
Mammal
MO
Ralls
Bat, Indiana
Mammal
MO
Ralls
Pocketbook, Fat
Mussel
MO
Randolph
Bat, Indiana
Mammal
MO
Ray
Bat, Indiana
Mammal
MO
Ray
Sturgeon, Pallid
Fish
MO
Reynolds
Bat, Gray
Mammal
MO
Reynolds
Milkweed, Mead's
Plant
MO
Ripley
Clover, Running buffalo
Plant
MO
Ripley
Pearly mussel, Curtis
Mussel
MO
Saline
Sturgeon, Pallid
Fish
MO
Schuyler
Bat, Indiana
Mammal
MO
Scotland
Bat, Indiana
Mammal
MO
Scott
Sturgeon, Pallid
Fish
MO
Shannon
Bat, Gray
Mammal
MO
Shannon
Bat, Indiana
Mammal
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally lidangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATK GUI OK. it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
20
MO
Shelby
Bat, Indiana
Mammal
MO
St. Charles
Aster, Decurrent false
Plant
MO
St. Charles
Bat, Indiana
Mammal
MO
St. Charles
Eagle, Bald
Bird
MO
St. Charles
Falcon, Peregrine
Bird
MO
St. Charles
Strugeon, Pallid
Fish
MO
St. Clair
Bat, Gray
Mammal
MO
St. Clair
Darter, Niangua
Fish
MO
St. Clair
Eagle, Bald
Bird
MO
St. Clair
Geocarpon, minimum
Plant
MO
St. Clair
Milkweed, Mead's
Plant
MO
St. Francis
NONE
MO
St. Gennviene
NONE
MO
St. Louis
Clover, Running buffalo
Plant
MO
St. Louis
Falcon, Peregrine
Bird
MO
St. Louis
Pearly mussel, Pink mucket
Mussel
MO
St. Louis
Sturgeon, Pallid
Fish
MO
Stoddard
Eagle, Bald
Bird
MO
Stone
Bat, Gray
Mammal
MO
Stone
Bat, Indiana
Mammal
MO
Stone
Cavefish, Ozark
Fish
MO
Sullivan
Bat, Indiana
Mammal
MO
Taney
Bat, Indiana
Mammal
MO
Taney
Bat, Gray
Mammal
MO
Taney
Clover, Running buffalo
Plant
MO
Taney
Eagle, Bald
Bird
MO
Texas
Bat, Indiana
Mammal
MO
Texas
Bat, Gray
Mammal
MO
Texas
Clover, Running buffalo
Plant
MO
Texas
Eagle, Bald
Bird
MO
Vernon
Clover, Running buffalo
Plant
MO
Vernon
Milkweed, Mead's
Plant
MO
Warren
Bat, Indiana
Mammal
MO
Warren
Sturgeon, Pallid
Fish
MO
Washington
Bat, Indiana
Mammal
MO
Washington
Bat, Gray
Mammal
MO
Washington
Milkweed, Mead's
Plant
MO
Wayne
Eagle, Bald
Bird
MO
Wayne
Pearly mussel, Pink mucket
Mussel
MO
Wayne
Pearly mussel, Curtis
Mussel
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service, While this list provides a REASONALBY ACCURATE GUIDE, il should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
MO
Webster
Darter, Niangua
Fish
MO
Worth
Bat, Indiana
Mammal
MO
Wright
Eagle, Bald
Bird
NE
Adams
Beettle, American burying
Insect
NE
Adams
Crane, Whooping
Bird
NE
Adams
Curlew, Eskimo
Bird
NE
Adams
Eagle, Bald
Bird
NE
Adams
Falcon, Pereigrine
Bird
NE
Adams
Ferret, Black-footed
Mammal
NE
Adams
Orchid, W. prairie fringed
Plant
NE
Adams
Plover, Piping
Bird
NE
Adams
Tern, Interior least
Bird
NE
Antelope
Beettle, American burying
Insect
NE
Antelope
Crane, Whooping
Bird
NE
Antelope
Curlew, Eskimo
Bird
NE
Antelope
Eagle, Bald
Bird
NE
Antelope
Falcon, Peregrine
Bird
NE
Antelope
Ferret, Black-footed
Mammal
NE
Antelope
Orchid, W. paririe fringed
Plant
NE
Antelope
Penstemon, Blowout
Plant
NE
Antelope
Plover, Piping
Bird
NE
Antelope
Tern, Interior least
Bird
NE
Arthur
Crane, Whooping
Bird
NE
Arthur
Eagle, Bald
Bird
NE
Arthur
Falcon, Peregrine
Bird
NE
Arthur
Ferret, Black-footed
Mammal
NE
Arthur
Penstemon, Blowout
Plant
NE
Banner
Eagle, Bald
Bird
NE
Banner
Falcon, Peregrine
Bird
NE
Banner
Ferret, Black-footed
Mammal
NE
Blaine
Beetle, American burying
Insect
NE
Blaine
Crane, Whooping
Bird
NE
Blaine
Curlew, Eskimo
Bird
NE
Blaine
Eagle, Bald
Bird
NE
Blaine
Falcon, Peregrine
Bird
NE
Blaine
Ferret, Black-footed
Mammal
NE
Blaine
Orchid, W. prairie fringed
Plant
NE
Blaine
Penstemon, Blowout
Plant
NE
Boone
Beetle, American burying
Insect
NE
Boone
Curlew, Eskimo
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON ALB Y ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Boone
Eagle, Bald
Bird
NE
Boone
Falcon, Peregrine
Bird
NE
Boone
Orchid, W. prairie fringed
Plant
NE
Boone
Plover, Piping
Bird
NE
Boone
Tern, Interior least
Bird
NE
Box Butte
Eagle, Bald
Bird
NE
Box Butte
Falcon, Peregrine
Bird
NE
Box Butte
Ferret, Black-footed
Mammal
NE
Box Butte
Penstemon, Blowout
Plant
NE
Boyd
Beetle, American burying
Insect
NE
Boyd
Curlew, Eskimo
Bird
NE
Boyd
Falcon, Peregrine
Bird
NE
Boyd
Orchid, W. prairie fringed
Plant
NE
Boyd
Plover, Piping
Bird
NE
Boyd
Sturgeon, Pallid
Fish
NE
Boyd
Tern, Interior least
Bird
NE
Brown
Beetle, American burying
Insect
NE
Brown
Crane, Whooping
Bird
NE
Brown
Curlew, Eskimo
Bird
NE
Brown
Eagle, Bald
Bird
NE
Brown
Falcon, Peregrine
Bird
NE
Brown
Ferret, Black-footed
Mammal
NE
Brown
Orchid, W. prairie fringed
Plant
NE
Brown
Penstemon, Blowout
Plant
NE
Brown
Plover, Piping
Bird
NE
Brown
Tern, Interior least
Bird
NE
Buffalo
Beetle, American burying
Insect
NE
Buffalo
Crane, Whooping
Bird
NE
Buffalo
Curlew, Eskimo
Bird
NE
Buffalo
Eagle, Bald
Bird
NE
Buffalo
Falcon, Pereigrine
Bird
NE
Buffalo
Ferret, Black-footed
Mammal
NE
Buffalo
Orchid, W. prairie fringed
Plant
NE
Buffalo
Plover, Piping
Bird
NE
Buffalo
Tern, Interior least
Bird
NE
Burt
Beetle, American burying
Insect
NE
Burt
Curlew, Eskimo
Bird
NE
Burt
Eagle, Bald
Bird
NE
Burt
Falcon, Peregrine
Bird
NE
Burt
Orchid, W. prairie fringed
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, ii should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
23
NE
Burt
Plover, Piping
Bird
NE
Burt
Sturgeon, Pallid
Fish
NE
Burt
Tem, Interior least
Bird
NE
Butler
Beetle, American burying
Insect
NE
Butier
Curlew, Eskimo
Bird
NE
Butler
Eagle, Bald
Bird
NE
Butler
Falcon, Pereigrine
Bird
NE
Butler
Orchid, W. prairie fringed
Plant
NE
Butler
Plover, Piping
Bird
NE
Butler
Tern, Interior least
Bird
NE
Cass
Beetle, American burying
Insect
NE
Cass
Curlew, Eskimo
Bird
NE
Cass
Eagle, Bald
Bird
NE
Cass
Falcon, Peregrine
Bird
NE
Cass
Orchid, W. prairie fringed
Plant
NE
Cass
Plover, Piping
Bird
NE
Cass
Sturgeon, Pallid
Fish
NE
Cass
Tern, Interior least
Bird
NE
Cedar
Beetle, American burying
Insect
NE
Cedar
Curlew, Eskimo
Bird
NE
Cedar
Eagle, Bald
Bird
NE
Cedar
Falcon, Peregrine
Bird
NE
Cedar
Orchid, W. prairie fringed
Plant
NE
Cedar
Plover, Piping
Bird
NE
Cedar
Sturgeon, Pallid
Fish
NE
Cedar
Tern, Interior least
Bird
NE
Chase
Crane, Whooping
Bird
NE
Chase
Eagle, Bald
Bird
NE
Chase
Falcon, Peregrine
Bird
NE
Chase
Ferret, Black-footed
Mammal
NE
Cherry
Beettle, American burying
Insect
NE
Cherry
Crane, Whooping
Bird
NE
Cherry
Curlew, Eskimo
Bird
NE
Cherry
Eagle, Bald
Bird
NE
Cherry
Falcon, Pereigrine
Bird
NE
Cherry
Ferret, Black-footed
Mammal
NE
Cherry
Orchid, W. prarire fringed
Plant
NE
Cherry
Penstemon, Blowout
Plant
NE
Cherry
Plover, Piping
Bird
NE
Cherry
Tern, Interior least
Bird
DISCLAIMER: The folHwing list identifies federally listed or proposed Federally Edaiigered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Cheyenne
Eagle, Bald
Bird
NE
Cheyenne
Falcon, Peregrine
Bird
NE
Cheyenne
Ferret, Black-footed
Mammal
NE
Clay
Beettle, American burying
Insect
NE
Clay
Crane, Whooping
Bird
NE
Clay
Curlew, Eskimo
Bird
NE
Clay
Eagle, Bald
Bird
NE
Clay
Falcon, Pereigrine
Bird
NE
Clay
Orchid, W. prairie fringed
Plant
NE
Clay
Plover, Piping
Bird
NE
Clay
Tern, Interior least
Bird
NE
Colfax
Beetle, American burying
Insect
NE
Colfax
Curlew, Eskimo
Bird
NE
Colfax
Eagle, Bald
Bird
NE
Colfax
Falcon, Peregrine
Bird
NE
Colfax
Orchid, W. prairie fringed
Plant
NE
Colfax
Plover, Piping
Bird
NE
Colfax
Tern, Interior least
Bird
NE
Cuming
Beetle, American burying
Insect
NE
Cuming
Curlew, Eskimo
Bird
NE
Cuming
Eagle, Bald
Bird
NE
Cuming
Falcon, Peregrine
Bird
NE
Cuming
Orchid, W. prairie fringed
Plant
NE
Cuming
Plover, Piping
Bird
NE
Cuming
Tern, Interior least
Bird
NE
Custer
Beetle, American burying
Insect
NE
Custer
Crane, Whooping
Bird
NE
Custer
Curlew, Eskimo
Bird
NE
Custer
Eagle, Bald
Bird
NE
Custer
Falcon, Peregrine
Bird
NE
Custer
Ferret, Black-footed
Mammal
NE
Custer
Orchid, W. prairie fringed
Plant
NE
Custer
Penstemon, Blowout
Plant
NE
Dakota
Beetle, American burying
Insect
NE
Dakota
Curlew, Eskimo
Bird
NE
Dakota
Eagle, Bald
Bird
NE
Dakota
Falcon, Peregrine
Bird
NE
Dakota
Orchid, W. prairie fringed
Plant
NE
Dakota
Plover, Piping
Bird
NE
DakQta
Sturgeon, Pallid
Fish
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Sen-ice. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
25
NE
Dakota
Tern, Interior least
Bird
NE
Dawes
Crane, Whooping
Bird
NE
Dawes
Eagle, Bald
Bird
NE
Dawes
Falcon, Pereigrine
Bird
NE
Dawes
Ferret, Black-footed
Mammal
NE
Dawson
Beetle, American burying
Insect
NE
Dawson
Crane, Whooping
Bird
NE
Dawson
Curlew, Eskimo
Bird
NE
Dawson
Eagle, Bald
Bird
NE
Dawson
Falcon, Peregrine
Bird
NE
Dawson
Ferret, Black-footed
Mammal
NE
Dawson
Orchid, W. prairie fringed
Plant
NE
Dawson
Plover, Piping
Bird
NE
Dawson
Tern, Interior least
Bird
NE
Deuel
Crane, Whooping
Bird
NE
Deuel
Eagle, Bald
Bird
NE
Deuel
Falcon, Peregrine
Bird
NE
Deuel
Ferret, Black-footed
Mammal
NE
Dixon
Beetle, American burying
Insect
NE
Dixon
Curlew, Eskimo
Bird
NE
Dixon
Eagle, Bald
Bird
NE
Dixon
Falcon, Peregrine
Bird
NE
Dixon
Orchid, W. prairie fringed
Plant
NE
Dixon
Plover, Piping
Bird
NE
Dixon
Sturgeon, Pallid
Fish
NE
Dixon
Tern, Interior least
Bird
NE
Dodge
Beetle, American burying
Insect
NE
Dodge
Curlew, Eskimo
Bird
NE
Dodge
Eagle, Bald
Bird
NE
Dodge
Falcon, Peregrine
Bird
NE
Dodge
Orchid, W. paririe fringed
Plant
NE
Dodge
Plover, Piping
Bird
NE
Dodge
Tern, Interior least
Bird
NE
Douglas
Beetle, American burying
Insect
NE
Douglas
Curlew, Eskimo
Bird
NE
Douglas
Eagle, Bald
Bird
NE
Douglas
Falcon, Peregrine
Bird
NE
Douglas
Orchid, W. paririe fringed
Plant
NE
Douglas
Plover, Piping
Bird
NE
Douglas
Sturgeon, Pallid
Fish
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species locatioa
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
26
NE
Douglas
Tern, Interior least
Bird
NE
Dundy
Crane, Whooping
Bird
NE
Dundy
Eagle, Bald
Bird
NE
Dundy
Falcon, Peregrine
Bird
NE
Dundy
Ferret, Black-footed
Mammal
NE
Fillmore
Beetle, American burying
Insect
NE
Fillmore
Curlew, Eskimo
Bird
NE
Fillmore
Eagle, Bald
Bird
NE
Fillmore
Falcon, Peregrine
Bird
NE
Fillmore
Orchid, W. prairie fringed
Plant
NE
Fillmore
Plover, Piping
Bird
NE
Fillmore
Tern, Interior least
Bird
NE
Franklin
Beetle, American burying
Insect
NE
Franklin
Crane, Whooping
Bird
NE
Franklin
Curlew, Eskimo
Bird
NE
Franklin
Eagle, Bald
Bird
NE
Franklin
Falcon, Peregrine
Bird
NE
Franklin
Ferret, Black-footed
Mammal
NE
Franklin
Orchid, W. prairie fringed
Plant
NE
Franklin
Plover, Piping
Bird
NE
Franklin
Tern, Interior least
Bird
NE
Frontier
Crane, Whooping
Bird
NE
Frontier
Eagle, Bald
Bird
NE
Frontier
Falcon, Peregrine
Bird
NE
Frontier
Ferret, Black-footed
Mammal
NE
Furnas
Crane, Whooping
Bird
NE
Fumas
Eagle, Bald
Bird
NE
Furnas
Falcon, Peregrine
Bird
NE
Furnas
Ferret, Black-footed
Mammal
NE
Gage
Beetle, American burying
Insect
NE
Gage
Curlew, Eskimo
Bird
NE
Gage
Eagle, Bald
Bird
NE
Gage
Falcon, Peregrine
Bird
NE
Gage
Orchid, W. prairie fringed
Plant
NE
Gage
Plover, Piping
Bird
NE
Gage
Tern, Interior least
Bird
NE
Garden
Crane, Whooping
Bird
NE
Garden
Eagle, Bald
Bird
NE
Garden
Falcon, Peregrine
Bird
NE
Garden
Ferret, Black-footed
Mammal
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangercd Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONAL8Y ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Garden
Penstemon, Blowout
Plant
NE
Garfield
Beetle, American burying
Insect
NE
Garfield
Crane, Whooping
Bird
NE
Garfield
Curlew, Eskimo
Bird
NE
Garfield
Eagle, Bald
Bird
NE
Garfield
Falcon, Peregrine
Bird
NE
Garfield
Ferret, Black-footed
Mammal
NE
Garfield
Orchid, W. prairie fringed
Plant
NE
Garfield
Penstemon, Blowout
Plant
NE
Gosper
Beetle, American burying
Insect
NE
Gosper
Crane, Whooping
Bird
NE
Gosper
Curlew, Eskimo
Bird
NE
Gosper
Eagle, Bald
Bird
NE
Gosper
Falcon, Peregrine
Bird
NE
Gosper
Ferret, Black-footed
Mammal
NE
Gosper
Orchid, W. prairie fringed
Plant
NE
Gosper
Plover, Piping
Bird
NE
Gosper
Tern, Interior least
Bird
NE
Grant
Crane, Whooping
Bird
NE
Grant
Eagle, Bald
Bird
NE
Grant
Falcon, Peregrine
Bird
NE
Grant
Ferret, Black-footed
Mammal
NE
Grant
Penstemon, Blowout
Plant
NE
Greeley
Beetle, American burying
Insect
NE
Greeley
Crane, Whooping
Bird
NE
Greeley
Curlew, Eskimo
Bird
NE
Greeley
Eagle, Bald
Bird
NE
Greeley
Falcon, Peregrine
Bird
NE
Greeley
Ferret, Black-footed
Mammal
NE
Greeley
Orchid, W. prairie fringed
Plant
NE
Greeley
Penstemon, Blowout
Plant
NE
Hall
Beetle, American burying
Insect
NE
Hall
Crane, Whooping
Bird
NE
Hall
Curlew, Eskimo
Bird
NE
Hall
Eagle, Bald
Bird
NE
Hall
Falcon, Peregrine
Bird
NE
Hall
Ferret, Black-footed
Mammal
NE
Hall
Orchid, W. prairie fringed
Plant
NE
Hall
Plover, Piping
Bird
NE
Hall
Tern, Interior least
Bird
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
28
NE
Hamilton
Beetle, American burying
Insect
NE
Hamilton
Crane, Whooping
Bird
NE
Hamilton
Curlew, Eskimo
Bird
NE
Hamilton
Eagle, Bald
Bird
NE
Hamilton
Falcon, Peregrine
Bird
NE
Hamilton
Orchid, W. prairie fringed
Plant
NE
Hamilton
Plover, Piping
Bird
NE
Hamilton
Tern, Interior least
Bird
NE
Harlan
Beetle, American burying
Insect
NE
Harlan
Crane, Whooping
Bird
NE
Harlan
Curlew, Eskimo
Bird
NE
Harlan
Eagle, Bald
Bird
NE
Harlan
Falcon, Peregrine
Bird
NE
Harlan
Ferret, Black-footed
Mammal
NE
Harlan
Orchid, W. prairie fringed
Plant
NE
Harlan
Plover, Piping
Bird
NE
Harlan
Tern, Interior least
Bird
NE
Hayes
Crane, Whooping
Bird
NE
Hayes
Eagle, Bald
Bird
NE
Hayes
Falcon, Peregrine
Bird
NE
Hayes
Ferret, Black-footed
Mammal
NE
Hitchcock
Crane, Whooping
Bird
NE
Hitchcock
Eagle, Bald
Bird
NE
Hitchcock
Falcon, Peregrine
Bird
NE
Hitchcock
Ferret, Black-footed
Mammal
NE
Holt
Beetle, American burying
Insect
NE
Holt
Crane, Whooping
Bird
NE
Holt
Curlew, Eskimo
Bird
NE
Holt
Eagle, Bald
Bird
NE
Holt
Falcon, Peregrine
Bird
NE
Holt
Ferret, Black-footed
Mammal
NE
Holt
Orchid, W, prairie fringed
Plant
NE
Holt
Penstemon, Blowout
Plant
NE
Holt
Plover, Piping
Bird
NE
Holt
Tern, Interior least
Bird
NE
Hooker
Crane, Whooping
Bird
NE
Hooker
Eagle, Bald
Bird
NE
Hooker
Falcon, Peregrine
Bird
NE
Hooker
Ferret, Black-footed
Mammal
NE
Hooker
Penstemon, Blowout
Plant
DISCLAIMER: The folliwing list identify; federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Howard
Beetle, American burying
Insect
NE
Howard
Crane, Whooping
Bird
NE
Howard
Curlew, Eskimo
Bird
NE
Howard
Eagle, Bald
Bird
NE
Howard
Falcon, Peregrine
Bird
NE
Howard
Ferret, Black-footed
Mammal
NE
Howard
Orchid, W. prairie fringed
Plant
NE
Howard
Plover, Piping
Bird
NE
Howard
Tern, Interior least
Bird
NE
Jefferson
Beetle, American burying
Insect
NE
Jefferson
Curlew, Eskimo
Bird
NE
Jefferson
Eagle, Bald
Bird
NE
Jefferson
Falcon, Peregrine
Bird
NE
Jefferson
Orchid, W. prairie fringed
Plant
NE
Jefferson
Plover, Piping
Bird
NE
Jefferson
Tern, Interior least
Bird
NE
Johnson
Beetle, American burying
Insect
NE
Johnson
Curlew, Eskimo
Bird
NE
Johnson
Eagle, Bald
Bird
NE
Johnson
Falcon, Peregrine
Bird
NE
Johnson
Orchid, W. prairie fringed
Plant
NE
Johnson
Plover, Piping
Bird
NE
Johnson
Tern, Interior least
Bird
NE
Kearney
Beetle, American burying
Insect
NE
Kearney
Crane, Whooping
Bird
NE
Kearney
Curlew, Eskimo
Bird
NE
Kearney
Eagle, Bald
Bird
NE
Kearney
Falcon, Peregrine
Bird
NE
Kearney
Ferret, Black-footed
Mammal
NE
Kearney
Orchid, W. prairie fringed
Plant
NE
Kearney
Plover, Piping
Bird
NE
Kearney
Tern, Interior least
Bird
NE
Keith
Beetle, American burying
Insect
NE
Keith
Crane, Whooping
Bird
NE
Keith
Eagle, Bald
Bird
NE
Keith
Falcon, Peregrine
Bird
NE
Keith
Ferret, Black-footed
Mammal
NE
Keith
Orchid, W. prairie fringed
Plant
NE
Keith
Penstemon, Blowout
Plant
NE
Keith
Plover, Piping
Bird
DISCLAIMER: The following list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AMD COUNTY
STATE COUNTY NAME GROUP
NE
Keith
Tern, Interior least
Bird
NE
Keya Paha
Beetle, American burying
Insect
NE
Keya Paha
Crane, Whooping
Bird
NE
Keya Paha
Curlew, Eskimo
Bird
NE
Keya Paha
Eagle, Bald
Bird
NE
Keya Paha
Falcon, Pereigrine
Bird
NE
Keya Paha
Ferret, Black-footed
Mammal
NE
Keya Paha
Orchid, W. prairie fringed
Plant
NE
Keya Paha
Penstemon, Blowout
Plant •
NE
Keya Paha
Plover, Piping
Bird
NE-
Keya Paha
Tern, Interior least
Bird
NE
Kimball
Eagle, Bald
Bird
NE
Kimball
Falcon, Peregrine
Bird
NE
Kimball
Ferret, Black-footed
Mammal
NE
Knox
Beetle, American burying
Insect
NE
Knox
Curlew, Eskimo
Bird
NE
Knox
Eagle, Bald
Bird
NE
Knox
Falcon, Peregrine
Bird
NE
Knox
Orchid, W. prairie fringed
Plant
NE
Knox
Plover, Piping
Bird
NE
Knox
Sturgeon, Pallid
Fish
NE
Knox
Tern, Interior least
Bird
NE
Lancaster
Beetle, American burying
Insect
NE
Lancaster
Curlew, Eskimo
Bird
NE
Lancaster
Eagle, Bald
Bird
NE
Lancaster
Falcon, Peregrine
Bird
NE
Lane; i st er
Orchid, W. prairie fringed
Plant
NE
Lancaster
Plover, Piping
Bird
NE
Lancaster
Tern, Interior least
Bird
NE
Lincoln
Beetle, American burying
Insect
NE
Lincoln
Crane, Whooping
Bird
NE
Lincoln
Eagle, Bald
Bird
NE
Lincoln
Falcon, Peregrine
Bird
NE
Lincoln
Ferret, Black-footed
Mammal
NE
Lincoln
Orchid, W. prairie fringed
Plant
NE
Lincoln
Penstemon, Blowout
Plant
NE
Lincoln
Plover, Piping
Bird
NE
Lincoln
Tern, Interior least
Bird
NE
Logan
Crane, Whooping
Bird
NE
Logan
Eagle, Bald
Bird
DISCLAIMER: The fotliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Logan
Falcon, Peregrine
Bird
NE
Logan
Ferret, Black-footed
Mammal
NE
Logan
Penstemon, Blowout
Plant
NE
Loup
Beetle, American burying
Insect
NE
Loup
Crane, Whooping
Bird
NE
Loup
Curlew, Eskimo
Bird
NE
Loup
Eagle, Bald
Bird
NE
Loup
Falcon, Peregrine
Bird
NE
Loup
Ferret, Black-footed
Mammal
NE
Loup
Orchid, W. prairie fringed
Plant
NE
Loup
Penstemon, Blowout
Plant
NE
Madison
Beetle, American burying
Insect
NE
Madison
Curlew, Eskimo
Bird
NE
Madison
Eagle, Bald
Bird
NE
Madison
Falcon, Peregrine
Bird
NE
Madison
Orchid, W. prairie finged
Plant
NE
Madison
Plover, Piping
Bird
NE
Madison
Tern, Interior least
Bird
NE
McPherson
Crane, Whooping
Bird
NE
McPherson
Eagle, Bald
Bird
NE
McPherson
Falcon, Peregrine
Bird
NE
McPherson
Ferret, Black-footed
Mammal
NE
McPherson
Penstemon, Blowout
Plant
NE
Merrick
Beetle, American burying
Insect
NE
Merrick
Curlew, Eskimo
Bird
NE
Merrick
Eagle, Bald
Bird
NE
Merrick
Falcon, Peregrine
Bird
NE
Merrick
Orchid, W. prairie fringed
Plant
NE
Merrick
Plover, Piping
Bird
NE
Merrick
Tern, Interior least
Bird
NE
Morrill
Crane, Whooping
Bird
NE
Morrill
Falcon, Pereigrine
Bird
NE
Morrill
Falcon, Pereigrine
Bird
NE
Morrill
Ferret, Black-footed
Mammal
NE
Morrill
Penstemon, Blowout
Plant
NE
Nance
Beetle, American burying
Insect
NE
Nance
Curlew, Eskimo
Bird
NE
Nance
Eagle, Bald
Bird
NE
Nance
Orchid, W. prairie fringed
Plant
NE
Nance
Plover, Piping
Bird
DISCLAIMER; The foltiwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service, While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
32
NE
Nance
Tern, Interior least
Bird
NE
Nemaha
Beetle, American burying
Insect
NE
Nemaha
Curlew, Eskimo
Bird
NE
Nemaha
Eagle, Bald
Bird
NE
Nemaha
Falcon, Peregrine
Bird
NE
Nemaha
Orchid, W. prairie fringed
Plant
TT"»
NE
Nemaha
Plover, Piping
Bird
NE
Nemaha
Sturgeon, Pallid
Fish
NE
Nemaha
Tern, Interior least
Bird
NE
Nuckolls
Beetle, American burying
Insect
NE
Nuckolls
Crane, Whooping
Bird
NE
Nuckolls
Curlew, Eskimo
Bird
NE
Nuckolls
Eagle, Bald
Bird
NE
Nuckolls
Falcon, Peregrine
Bird
NE
Nuckolls
Ferret, Black-footed
Mammal
NE
Nuckolls
Orchid, W. prairie fringed
Plant
NE
Nuckolls
Plover, Piping
Bird
NE
Nuckolls
Tern, Interior least
Bird
NE
Otoe
Beetle, American burying
Insect
NE
Otoe
Curlew, Eskimo
Bird
NE
Otoe
Eagle, Bald
Bird
NE
Otoe
Falcon, Peregrine
Bird
NE
Otoe
Plover, Piping
Bird
NE
Otoe
Tern, Interior least
Bird
NE
Pawnee
Beetle, American burying
Insect
NE
Pawnee
Curlew, Eskimo
Bird
NE
Pawnee
Eagle, Bald
Bird
NE
Pawnee
Falcon, Pereigrine
Bird
NE
Pawnee
Orchid, W. prairie fringed
Plant
NE
Pawnee
Plover, Piping
Bird
NE
Pawnee
Tern, Interior least
Bird
NE
Perkins
Crane, Whooping
Bird
NE
Perkins
Eagle, Bald
Bird
NE
Perkins
Falcon, Pereigrine
Bird
NE
Perkins
Ferret, Black-footed
Mammal
NE
Phelps
Beetle, American burying
Insect
NE
Phelps
Crane, Whooping
Bird
NE
Phelps
Eagle, Bald
Bird
NE
Phelps
Falcon, Peregrine
Bird
NE
Phelps
Ferret, Black-footed
Mammal
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish ajid Wildlife
Service. While this list provides a REASONALBY ACCURATE Gl !IDE. il should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Phelps
Orchid, W. prairie fringed
Plant
NE
Phelps
Plover, Piping
Bird
NE
Phelps
Tern, Interior least
Bird
NE
Pierce
Beetle, American burying
Insect
NE
Pierce
Curlew, Eskimo
Bird
NE
Pierce
Eagle, Bald
Bird
NE
Pierce
Falcon, Peregrine
Bird
NE
Pierce
Orchid, W. prairie fringed
Plant
NE
Pierce
Plover, Piping
Bird
NE
Pierce
Tern, Interior least
Bird
NE
Platte
Beetle, American burying
Insect
NE
Platte
Curlew, Eskimo
Bird
NE
Platte
Eagle, Bald
Bird
NE
Platte
Falcon, Peregrine
Bird
NE
Platte
Orchid, W. prairie fringed
Plant
NE
Platte
Plover, Piping
Bird
NE
Platte
Tern, Interior least
Bird
NE
Polk
Beetle, American burying
Insect
NE
Polk
Curlew, Eskimo
Bird
NE
• Polk
Eagle, Bald
Bird
NE
Polk
Falcon, Peregrine
Bird
NE
Polk
Orchid, W. prairie fringed
Plant
NE
Polk
Plover, Piping
Bird
NE
Polk
Tern, Interior least
Bird
NE
Red Willow
Crane, Whooping
Bird
NE
Red Willow
Eagle, Bald
Bird
NE
Red Willow
Falcon, Peregrine
Bird
NE
Red Willow
Ferret, Black-footed
Mammal
NE
Richardson
Beetle, American burying
Insect
NE
Richardson
Beetle, American burying
Insect
NE
Richardson
Curlew, Eskimo
Bird
NE
Richardson
Eagle, Bald
Bird
NE
Richardson
Falcon, Peregrine
Bird
NE
Richardson
Orchid, W. prairie fringed
Plant
NE
Richardson
Plover, Piping
Bird
NE
Richardson
Sturgeon, Pallid
Fish
NE
Richardson
Tem, Interior least
Bird
NE
Rock
Beetle, American buiying
Insect
NE
Rock
Crane, Whooping
Bird
NE
Rock
Curlew, Eskimo
Bird
DISCLAIMER: The folliwing list identifier-, federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species localioa
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Rock
Eagle, Bald
Bird
NE
Rock
Falcon, Peregrine
Bird
NE
Rock
Ferret, Black-footed
Mammal
NE
Rock
Orchid, W. prairie fringed
Plant
NE
Rock
Penstemon, Blowout
Plant
NE
Rock
Plover, Piping
Bird
NE
Rock
Tern, Interior least
Bird
NE
Saline
Beetle, American burying
Insect
NE
Saline
Curlew, Eskimo
Bird
NE
Saline
Eagle, Bald
Bird
NE
Saline
Falcon, Peregrine
Bird
NE
Saline
Orchid, W. prairie fringed
Plant
NE
Saline
Plover, Piping
Bird
NE
Saline
Tern, Interior least
Bird
NE
Sarpy
Beetle, American burying
Insect
NE
Sarpy
Curlew, Eskimo
Bird
NE
Sarpy
Eagle, Bald
Bird
NE
Sarpy
Falcon, Pereigrine
Bird
NE
Sarpy
Orchid, W. prairie fringed
Plant
NE
Sarpy
Plover, Piping
Bird
NE
Sarpy
Sturgeon, Pallid
Fish
NE
Sarpy
Tern, Interior least
Bird
NE
Saunders
Beetle, American burying
Insect
NE
Saunders
Curlew, Eskimo
Bird
NE
Saunders
Eagle, Bald
Bird
NE
Saunders
Falcon, Peregrine
Bird
NE
Saunders
Orchid, W. prairie fringed
Plant
NE
Saunders
Plover, Piping
Bird
NE
Saunders
Tern, Interior least
Bird
NE
Scotts Bluff
Crane, Whooping
Bird
NE
Scotts Bluff
Eagle, Bald
Bird
NE
Scotts Bluff
Falcon, Peregrine
Bird
NE
Scotts Bluff
Ferret, Black-footed
Mammal
NE
Seward
Beetle, American burying
Insect
NE
Seward
Eagle, Bald
Bird
NE
Seward
Falcon, Peregrine
Bird
NE
Seward
Orchid, W. prairie fringed
Plant
NE
Seward
Plover, Piping
Bird
NE
Seward
Tern, Interior least
Bird
NE
Sheridan
Crane, Whooping
Bird
DISCLAIMER: The foliiwiiig list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
35
NE
Sheridan
Eagle, Bald
Bird
NE
Sheridan
Falcon, Peregrine
Bird
NE
Sheridan
Ferret, Black-footed
Mammal
NE
Sheridan
Penstemon, Blowout
Plant
NE
Sherman
Beetle, American burying
Insect
NE
Sherman
Crane, Whooping
Bird
NE
Sherman
Curlew, Eskimo
Bird
NE
Sherman
Eagle, Bald
Bird
NE
Sherman
Falcon, Peregrine
Bird
NE
Sherman
Ferret, Black-footed
Mammal
NE
Sherman
Orchid, W. prairie fringed
Plant
NE
Sherman
Plover, Piping
Bird
NE
Sherman
Tern, Interior least
Bird
NE
Sioux
Crane, Whooping
Bird
NE
Sioux
Eagle, Bald
Bird
NE
Sioux
Eagle, Bald
Bird
NE
Sioux
Falcon, Peregrine
Bird
NE
Sioux
Ferret, Black-footed
Mammal
NE
Stanton
Beetle, American burying
Insect
NE
Stanton
Curlew, Eskimo
Bird
NE
Stanton
Eagle, Bald
Bird
NE
Stanton
Falcon, Peregrine
Bird
NE
Stanton
Orchid, W. prairie fringed
Plant
NE
Stanton
Plover, Piping
Bird
NE
Stanton
Tern, Interior least
Bird
NE
Thayer
Beetle, American burying
Insect
NE
Thayer
Curlew, Eskimo •
Bird
NE
Thayer
Eagle, Bald
Bird
NE
Thayer
Falcon, Peregrine
Bird
NE
Thayer
Orchid, W. prairie fringed
Plant
NE
Thayer
Plover, Piping
Bird
NE
Thayer
Tern, Interior least
Bird
NE
Thomas
Beetle, American burying
Insect
NE
Thomas
Crane, Whooping
Bird
NE
Thomas
Curlew, Eskimo
Bird
NE
Thomas
Eagle, Bald
Bird
NE
Thomas
Falcon, Peregrine
Bird
NE
Thomas
Ferret, Black-footed
Mammal
NE
Thomas
Orchid, W. prairie fringed
Plant
NE
Thomas
Penstemon, Blowout
Plant
DISCLAIMER: The folliwing list identifies federally listed or proposed Federally Hdangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURA TE Cil-IDK. it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME
GROUP
36
NE
Thurston
Beetle, American burying
Insect
NE
Thurston
Curlew, Eskimo
Bird
NE
Thurston
Eagle, Bald
Bird
NE
Thurston
Falcon, Peregrine
Bird
NE
Thurston
Orchid, W. prairie fringed
Plant
NE
Thurston
Plover, Piping
Bird
NE
Thurston
Sturgeon, Pallid
Fish
NE
Thurston
Tern, Interior least
Bird
NE
Valley
Beetle, American burying
Insect
NE
Valley
Crane, Whooping
Bird
NE
Valley
Curlew, Eskimo
Bird
NE
Valley
Eagle, Bald
Bird
NE
Valley
Falcon, Peregrine
Bird
NE
Valley
Ferret, I .'k-footed
Mammal
NE
Valley
Orchid, V. prairie fringed
Plant
NE
Valley
Plover, Piping
Bird
NE
Valley
Tern, Interior least
Bird
NE
Washington
Beetle, American burying
Insect
NE
Washington
Eagle, Bald
Bird
NE
• Washington
Falcon, Peregrine
Bird
NE
Washington
Orchid, W. prairie fringed
Plant
NE
Washington
Plover, Piping
Bird
NE
Washington
Sturgeon, Pallid
Fish
NE
Washington
Tern, Interior least
Bird
NE
Wayne
Beetle, American burying
Insect
NE
Wayne
Eagle, Bald
Bird
NE
Wayne
Falcon, Peregrine
Bird
NE
Wayne
Orchid, W. prairie fringed
Plant
NE
Wayne
Plover, Piping
Bird
NE
Wayne
Tern, Interior least
Bird
NE
Webster
Beetle, American burying
Insect
NE
Webster
Crane, Whooping
Bird
NE
Webster
Curlew, Eskimo
Bird
NE
Webster
Eagle, Bald
Bird
NE
Webster
Falcon, Peregrine
Bird
NE
Webster
Ferret, Black-footed
Mammal
NE
Webster
Orchid, W. prairie fringed
Plant
NE
Webster
Plover, Piping
Bird
NE
Webster
Tern, Interior least
Bird
NE
Wheeler
Beetle, American burying
Insect
DISCLAIMER: The following list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASON ALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
REGION 7 ENDAGERED SPECIES BY STATE AND COUNTY
STATE COUNTY NAME GROUP
NE
Wheeler
Crane, Whooping
Bird
NE
Wheeler
Curlew, Eskimo
Bird
NE
Wheeler
Eagle, Bald
Bird
NE
Wheeler
Falcon, Peregrine
Bird
NE
Wheeler
Ferret, Black-footed
Mammal
NE
Wheeler
Orchid, W. prairie fringed
Plant
NE
Wheeler
Penstemon, Blowout
Plant
NE
York
Beetle, American burying
Insect
NE
York
Curlew, Eskimo
Bird
NE
York
Eagle, Bald
Bird
NE
York
Falcon, Peregrine
Bird
NE
York
Orchid, W. prairie fringed
Plant
NE
York
Plover, Piping
Bird
NE
York
Tern, Interior least
Bird
DISCLAIMER: The folltwmg list identifies federally listed or proposed Federally Edangered Species, as provided by U.S. Fish and Wildlife
Service. While this list provides a REASONALBY ACCURATE GUIDE, it should not be considered the final word in determining species location.
-------
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-------
APPENDIX A.5
MUNICIPAL STATISTICAL AREAS
(MSAs)
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
1990
CENSUS DATA
(POPULATIONS > 50,00
MUNICIPAL STATISTICAL AREAS (MSA)
ST
MSA
Counties
Population
IA
Cedar Rapids
Linn
168,767
IA
Davenport-Moline-Rock Island
Scott-IA, Henry-IL, Rock -DL
350,861
XA
Des Moines
Dallas, Polk, Warren
392,928
IA
Dubuque
Dubuque
86,403
IA
Iowa City
Johnson
96,119
IA
Omaha-Council Bluffs
Cass- NE, Douglas-NE, Sarpy-NE
618,262
Washington-NE, Pottawattamie-IA
IA
Sioux City (IA-NE)
Woodbury-IA, Dakota-NE
115,018
IA
Waterloo-Cedar Falls
Black Hawk
• 146,611
KS
Kansas City (MO-KS)
Cass-Mo, Clay-MO, Clinton-MO,
1,566,280
Jackson-MO, Platte-MO, Ray-MO
Johnson-KS, Leavenworth-KS,
Miami-KS, Wyandotte-KS
KS
Lawrence
Douglas
81,798
KS
Topeka
Shawnee
160,976
KS
Wichita
Butler, Harvey, Sedgwick
485,270
MO
Columbia
Boone
112,379
MO
Joplin
Jasper, Newton
134,910
MO
Kansas City (MO-KS)
Cass-Mo, Clay-MO, Clinton-MO,
1,566,280
Jackson-MO, Platte-MO, Ray-MO
Johnson-KS, Leavenworth-KS,
Miami-KS, Wyandotte-KS
MO
St. Joseph
Andrew, Buchanan
83,083
MO
St. Louis (MO-IL)
Crawford-Mo, Sullivan City-MO
2,444,009
Franklin-MO, Jefferson-MO,
Lincoln-MO, St. Charles, MO
St. Louis-MO, Warren-MO, St. Louis
City-MO, Clinton-IL, Jersey-IL
Madison-11, Monroe-IL, St. Clair-EL
MO
Springfield
Christian, Greene, Webster
240,593
NE
Lincoln
Lancaster
213,641
MP
i ^
Omaha-Council Bluffs
Cass- NE, Douglas-NE, Sarpy-NE
618,262
Washington-NE, Pottawattamie-IA
HE
Sioux City (IA-NE)
Woodbury-IA, Dakota-NE
115,018
-------
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-------
APPENDIX A.6
WETLANDS
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
#1. Wetlands
Due to the large number of wetlands in Region VII, wetlands are not
listed on the following list of ESAs. Instead, a listing of wetland map
names is available through EPA Region VII, 25 Funston Road, Kansas City,
Kansas, 66115, (913) 551-5000. Maps of the wetlands categorized in
Region VII are available through:
Department of the Interior
Geological Survey
Reston, Virginia 22092.
-------
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-------
age No. 1
2/17/93
NWI MAPS IK THE WETLANDS PROTECTION SECTION: [SCALE=1:RATIO]
[MAP PRODUCTS: D=DRAFT, F=FINAL, P=PHOTO-ENLARGEMENT]
[# & TYPE PRODUCTS: NUMBER PER MAP PRODUCT]
[GIS PRODUCTS: D=DIGITIZED, A=ARCINFO FORMAT]
.AP
ST
MAP
MAP
# & TYPE
'NIT
SCALE
STATUS
PRODUCTS
it L342
d:_)
D,
F, P
>=A INS WORTH 42099-E1
NE
100000
F
32 F
)=ALEDO 41090-A1
100000
F,
D
6 F, 6 D
>=ALLIANCE 42102-A1
NE
100000
F
32 F
)=AMES 42093-A1
IA
100000
D
32 D
2=ANAMOSA 4 2 091-A1
IA
100000
D
32 D
2=ARTHUR 41101—El
NE
100000
F
32 F
2=ATCHISON 39095-E1
KS-
-MO
100000
D
32 D
2=ATKINSON 42098—El
NE
100000
F
30 F
2=AUSTIN 43092-E1
MN-
-IA
100000
D
6 D
3=BEATRICE 40096-A1
NE
100000
p
32 F
2=BLAIR 41096—El
NE
100000
F
32 F
2=BROKEN BOW 41099-A1
NE
100000
F
32 F
2=BURLINGTON 40091-E1
IA
100000
D,
F
26 D, 4 F
2=BURWELL 41099-E1
NE
100000
F
32 F
Q=BUTLER 38094-A1
MO
100000
F
32 F
Q=CAPE GIRARDEAU
MO
100000
P/F
9 P/15 F
37089-A1
Q=CARBONDALE 37 089-E1
MO
100000
P/F
16 P/5 F
MO—IL
Q=CARROLL 4 2094-A1
IA
100000
D
32 D
Q=CENTERVILLE 4 0092-E1
IA
100000
D
32 D
Q=CHAPPELL 41102-A1
NE
100000
F
32 F
Q=CHARLES CITY
IA
100000
F
32 F
43092-A1
-
Q=CHEYENNE 41104-A1
WY-
•NE
100000
D
4 D
Q=CHILLICOTHE 39093-E1
MO
100000
F,
P
31 F, 48P
Q=CHUGWATER 41104-El
WY-NE
100000
D
4 D
Q=CODY 42101—El
NE
100000
F
32 F
Q=CRAWFORD 42103-El
NE
100000
F
32 F
Q=CRESCENT LAKE
NE
100000
F
32 F
41102—El
Q=CREST0N 41094—A1
IA
100000
D
32 D
Q=DAVENPORT 41090-E1
IA
100000
D
26 D
Q=DAVID CITY 41097-A1
NE
100000
F
32 F
Q=DECORAH 4 3 091-A1
IA
100000
D
30 D
Q=DES MOINES 41093-El
IA
100000
D
32 D
Q=DISMAL RIVER
NE
100000
F
32 F
41100-E1
Q=DODGE CITY 37100-E1
KS
100000
F
32 F
Q=DUBUQUE NORTH
IA-
WI
100000
D
6 D
42090-E1
Q=DUBUQUE SOUTH
IA
100000
P
36 P
4 2090-A1
Q=ESTHERVILLE 4 3 094-A1
IA
100000
F
32 F
PUB PHOTO-
YEAR DATE
1988
1993
1990
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
-------
Page No. 2
12/17/9-3
NWI MAPS IN THE WETLANDS PROTECTION SECTION: [SCALE=1:RATIO]
[MAP PRODUCTS: D=DRAFT, F=FINAL, P=PHOTO-ENLARGEMENT]
[# & TYPE PRODUCTS: NUMBER PER MAP PRODUCT]
[GIS PRODUCTS: D=DIGITIZED, A=ARCINFO FORMAT]
MAP ST MAP MAP # & TYPE PUB PHOTO GIf
UNIT SCALE STATUS PRODUCTS YEAR DATE (D
(1: ) D,F,P A)
Q=FAIRBURY 40097-A1 NE 100000 F .32 F / /
Q=FAIRMONT 43094-E1 IA 100000 F 7 F / /
Q=FALLS CITY 40095-A1 MO 100000 PDF 33P/7D/11F / /
Q=FARMINGTON 37090-E1 MO 100000 F 32 F / /
Q=FESTUS 38090—A1 MO ltJOOOO F 26 F / /
Q=FREMONT 41096-A1 NE 100000 F 32 F / /
Q=FULTON 38091-E1 MO 100000 F,P 32 F, 50P 1993 / /
Q=GOOSE CREEK 42100-A1 NE 100000 F 32 F / /
Q=GORDON 42102—El NE 100000 F 32 F / /
Q=GOTHENBURG 401C-0-E1 NE 100000 F 32 F / /
Q=GRAND ISLAND NE 100000 F 32 F / /
40098-E1
Q=GREAT BEND 38098-A1 KS 100000 F 32 F / /
Q=GRINNELL 41092-E1 IA 100000 D 32 D / /
Q=GUTHRIE CENTER IA 100000 F 32 F / /
41094-E1
Q=GUYMON 36101—El KS-OK 100000 D 8 D / /
Q=HARLAN 41095-E1 IA 100000 F 32 F / /
Q=KARRY S.TRUMAN RESV MO 100000 F 32 F 1993 / /
38093 A1
Q=HEMINGFORD 42103-A1 NE 100000 F 32 F / /
Q=HOLDREGE 40099-A1 NE 100000 F 32 F / /
Q=HUGOTON 37101-A1 KS 100000 F 32 F / /
Q=HUMBOLDT 42094-E1 IA 100000 D 32 D / /
Q=IDA GROVE 42095-A1 IA 100000 D 32 D / /
Q=IMPERIAL 40101-E1 NE 100000 F 32 F / /
Q=INDIANOLA 41093-A1 IA 100000 D 32 D / /
Q=IOWA CITY 41091-E1 IA 100000 D 32 D / /
Q=IOWA FALLS 42093-E1 IA 100000 D 32 D / /
Q=IOWA GREAT LAKES IA 100000 F 32 F / /
43095-A1
Q=JEFFERSON CITY MO 100000 P 48 P / /
38092-E1
Q=JERSEYVILLE 39090-A1 MO-IL 100000 F 10 F / /
Q=JOPLIN 37094-A1 MO-ks 100000 P 30 P / /
Q=KANSAS CITY MO-KS 100000 DPF 4D,44P,28F / /
39094-A1
Q=KEARNEY 40099-E1 NE 100000 F 32-F / /.
Q=KEOKUK 40091-A1 IA-MO 100000 F 32 F / /
Q=KIMBALL 41103-A1 NE 100000 F 32 F / /
Q=KINSLEY 37099-E1 KS 100000 F 32 F / /
Q=KIRKSVILLE 40092-A1 MO 100000 P 48 P / /
Q=LA CROSSE 43091-E1 MN-IA 100000 F 7 F / /
Q=LAKE OF THE OZARKS MO 100000 F 32 F 1993 / /
38092-E
Q=LARNED 38099-A1 KS 100000 F 32 F / /
-------
Page No. 3
12/17/93
NWI MAPS IN THE WETLANDS PROTECTION SECTION: [SCALE=1:RATIO]
[MAP PRODUCTS: D=DRAFT, F=FINAL, P=PHOTO-ENLARGEMENT]
[# & TYPE PRODUCTS: NUMBER PER MAP PRODUCT]
[GIS PRODUCTS: D=DIGITIZED, A=ARCINFO FORMAT]
MAP
ST
MAP
MAP
u
Tf
& TYPE
PUB
PHOTO
UNIT
SCALE
STATUS
PRODUCTS
YEAR
DATE
UO
D,F,P
Q=LAWRENCE 38095-E1
KS
100000
D
32
D
/
/
Q=LEBANON 37092-E1
MO
100000
P,F
49
P/9 F
/
/
Q=LEON 40093-E1
IA-
•MO
100000
D
32
D
/
/
Q=LEOTI 38101-A1
KS
100000
F
32
F
/
/
Q=LIBERAL 37100-A1 "
KS
100000
F
32
F
/
/
Q=LINCOLN 40096—El
NE
100000
F
32
F
/
/
Q=LUSK 42104-E1
WY-
•NE
100000
D
4
D
/
/
Q=MACON 39092-E1
MO
100000
p
48
P
/
/
Q=MANHATTAN 3 909 6-A1
KS
100000
D,F
7
F/25 D
/
/
Q=MARSHALL 3 9 09 3-A1
MO
100000
P/D
51
P/2D
/
/
Q=MARSHALLTOWN
IA
100000
D
32
D
/
/
42092-A1
Q=MARYVILLE 4 0 09 4-A1
MO
100000
p
48
P
/
/
Q=MASON CITY 43093-A1
IA
100000
F
32
F
/
/
Q=MEXICO 39091-A1
MO
100000
F
32
F
/
/
Q=MOBERLY 3 9092-A1
MO
100000
F,P
32
F, 49 P
1993
/
/
Q=MT AYR 40094-El
MO-
•IA
100000
P
17
P
/
/
Q=MULLEN 42101—A1
NE
100000
F
32
F
/
/
Q=MUSCATINE 41091-A1
IA
100000
D
32
D
/
/
Q=NEBRASKA CITY
IA-
•MO
100000
F
32
F
1992
/
/
4 0095-E1
Q=NEOSHO 36094-A1
MO
100000
F
32
F
/
/
Q=NEVADA 37094-E1
MO
100000
F
32
F
/
/
Q=NORFOLK 4 2097-A1
NE
100000
F
32
F
/
/
Q=NORTH PLATTE
NE
100000
F
32
F
/
/
41100-A1
Q=0'NEILL 42098-A1
NE
100000
F
30
F
/
/
Q=OELWEIN 42091—El
IA
100000
D
32
D
/
/
Q=OGALLALA 41101-A1
NE
100000
F
32
F
/ '
/
Q=OLATHE 38094-E1
KS-
•MO
100000
D,P
16
D, 29 P
/
/
Q=OMAHA 41095-A1
IA
100000
F
32
F
/
/
Q=ORD 41098—El
NE
100000
F
30
F
/
/
Q=OSKALOOSA 41092-A1
IA
100000
D
32
D
/
/
Q=PIEDMONT 37090-A1
MO
100000
F
32
F
/
/
Q=POPLAR BLUFF
MO
100000
F
32
F
/
/
36090-E1
Q=PROTECTION 37099-A1
KS
100000
F
32
F
/
/
Q=QUINCY 39091—El
MO-
•IL
100000
F
26
F
/
/•
Q=RED CLOUD 4 009 8-A1
NE
100000
F
31
F
/
/
Q=ROCK RAPIDS 4 3 096-A1
IA-
SD
100000
F
19
F
/
/
Q=ROSE 42099—A1
NE
100000
F
32
F
/
/
Q=SAINT JOSEPH
MO-
KS
100000
P,D
52
P, 5 D
/
/
39094-E1
Q=SAINT LOUIS 38090-E1
MO-
IL
100000
F
29
F
1993
/
/
Q=SAINT PAUL 41098-A1
NE
100000
F
32
F
/
/
Q=SCOTT CITY 38100-A1
KS
100000
F
32
F
/
/
-------
'age No. 4
.2/17/93
NWI MAPS IN THE WETLANDS PROTECTION SECTION: [SCALE-1:RATIO]
[HAP PRODUCTS: D=DRAFT, F=FINAL, P=PHOTO-ENLARGEMENT]
[# & TYPE PRODUCTS: NUMBER PER MAP PRODUCT]
[GIS PRODUCTS: D=DIGITIZED, A=ARCINFO FORMAT]
iAP ST MAP MAP # & TYPE PUB PHOTO GIS
JNIT SCALE STATUS PRODUCTS YEAR DATE " (D,
(1:_) D,F,P A)
2=SCOTTSBLUFF 41103-E1 NE 100000 F 32 F / /
2=SEDALIA 38093—El MO 100000 P 49 P / /
2=SIKESTON 36089—El MO. 100000 D/F 11D/21F / /
2=SIOUX CITY NORTH IA-NE 100000F 28F //
42096-E1
Q=SIOUX CITY SOUTH IA-NE 100000 F 32 F / /
42096-A1
Q=SIOUX FALLS 43 096-E1 MN-IA 100000 F 3 F / /
Q=STANTON 41097-E1 NE 100000 F 32 F / /
Q=STORM LAKE 42095-E1 IA 100000 D 32 D / /
Q=TOPEKA 39095—A1 KS 100000 D 32 D / /
Q=TORRINGTON 42104-A1 WY-NE 100000 F 4 F / /
Q=TRENTON 40093-A1 MO 100000 P 50 P / /
Q=ULYSSES 37101-E1 KS 100000 F 32 F / /
Q=VALENTINE 42100-E1 HE 100000 F 32 F / /
Q=WAVERLY 42092-E1 IA 100000 D 32 D / /
Q=YANKTON 42097-E1 NE 100000 F 24 F / /
Q=YORK 40097-E1 NE 100000 F 32 F / /
¦** Total ***
******
-------
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-------
COUNTY MAP SERIES
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-------
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40
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1:100,000-scalc maps aro planned lor the entire State
See CATALOG OF PUBLISHED MAPS for available maps, dates, prices, and Map Order forms
mamv*'-*'- t»?M<»*» v.-**
-------
1 X 2 DEGREE SERIES
1:250 000 SCALE
90
98"
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40094 AI
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40
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92
88*
94*
98*
See CATALOG OF PUBLISHED MAPS for s, prices, and Map Order Forms
«i3
-------
7 5 MINUTI. UHADUANC.I.i: NAMI S
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Iowa is completely covctrd by 7.5-mimile inapt
Cftahi areas may be covered by 7.5 n 15- or
15-mlmile maps
See CATAlpG OH PUDI.ISIIED MAPS lor oualloblc
maps, dales, scales, prices, and Map Order Forms
43092
M. V S M
92
44
44
ui
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a.
•• ip<
±1
W
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tit.
Siiwl ampl
43
PACK 16
33
92
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX B
1. REGULATED FACILITIES
2. REGULATED PIPELINES
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX B.l
T1T7#^TTY A nri?T\ IE1 A /""^TT TTTnFG
Aj/\. A ALA* Jr x\^^AAjA A AJirf^
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX B.l REGULATED FACILITIES Region 7
NAME
LOCATION
CITY
STATE ZIP CODE
PHONE
ADM Com" Processing
1251 Beaver channel Parkway
Clinton
1A
52732
(319) 241-1211
Ag Processing, Inc.
900 Lower Lake Road
St. Joseph
MO
64504
(816) 238-1700
Ag Processing, Inc.
Port Neal Road
Sergeant Bluff
IA
51054
(712)943-4282
Alumininum Company of America (Davenport)
4879 State Street
Riverdole
IA
52722
(319)359-2000
Amoco (Terminal)
75 31st Street
Bettendorf
1A
52772
(319)355-2686
Amoco (Terminal)
829 E South Omaha Bridge Rd.
Council Bluffs
IA
51502
(712) 366-9461
Amoco (Terminal)
Highway 22
Davenport
IA
52804
(319) 324-5276
Amoco (Terminal)
Rural Route 4 (3 miles west on U.S. 34)
Ottumwa
IA
52501
(515) 684-5456
Amoco (Terminal)
1000 N. Sterling
Sugar Creek
MO
64054
(816) 836-6014
Ayers Oil
4th & Grant Street
Canton
MO
63435
(314) 288-4466
Board of Public Utilities
360IN. 12th Street
Kansas City
KS
66104
(913) 537-9828
Burlington Northern Railroad
111 W. First Street
Alliance
NE
69301
(308) 762-6000
Burlington Northern Railroad
801 West O Street
Lincoln
NE
68528
(402) 473-7700
Cargill, Inc.
Highway 22 W
Buffalo
IA
52728
(319) 381-2210
Cargill, Inc
2306 Rochester Avenue
Kansas City
MO
64120
(816) 245-0531
Cargill, Inc.
10520 Walcott
Kansas City
KS
66109
(913) 299-4334
Clark Oil & Refining Co.
4070 S First Street
St. Louis
MO
63118
(314)752-0144
The above listing represents facilities which hive an EPA approved Facility Response Plan as required by 40 GFR 112: Oil Pollution; Non-Transportation-Related onshore Facilities;
Final Rule, Dated July 1,1994
1
-------
APPENDIX B.l REGULATED FACILITIES Region 7
NAME
LOCATION
CITY
STATE
ZIP CODE
PHONE
Conoco, Inc. (Des Moines Terminal)
4S00 Vandalio
Pleasant Hill
IA
5031?
(515)262-5454
Conoco, Inc. (Lincoln Products Terminal)
Route 1 Fourteenth & Suitillo Road
Roca
NE
68430
(402)423-6111
Conoco, Inc. (Terminal)
6700 NW Rivetpark Dr.,
P.O Bos 14215
Riverside
MO
64119
(816)587-1442
Conoco, Inc. (Terminal)
8001 Oak Knoll Road
Wichita
KS
67207
(316) 681-2081
Darling International
1900 Murray Street
Sioux City
KS
51102
(712) 258-7524
Farmland Industries (Refmeiy)
N. Linden Street
Coffeyville
KS
67337
(316)251-4000
Farmland Industries, Inc.
N. Highway 183
Phillipsburg
KS
67661
(913) 543-5246
Itapco - Missouri Terminal, Inc.
1400 S. Oiboney
Cape Girardeau
MO
63701
(314)335-6688
.1. D. Sircett & Co. (1st St.)
3800 S. 1st Street
St. Louis
MO
63118
(314)351-5100
1 D. Streett & Co. (River Road)
Ho. I River Road
St. Louis
MO
63125
(314) 892-2958
J. H, Collier, Inc. (Terminal)
3854 South First Street
St. Louis
MO
63118
(314)351-8900
Kerr-McGee Refng Corp. (Terminal)
4000 Koch Street
St. Louis
MO
63129
(314)655-4707
Kiessel Company, The (Branch St.)
Fool of Branch Street
St. Louis
MO
63147
(314)421-0328
Koch Materials Co.
2200 River Rond
Council Bluffs
IA
51501
(712) 323-3223
Koch Materials Co.
Rt. 2, Highway 22
Davenport
IA
52804
(319) 324-3766
Koch Materials Co.
Highway 61 S.
New Madrid
MO
63869
(314)748-2587
Koch Materials Co. (Terminal 1)
Twelfth Street Extension
Dubuque
IA
52001
(319) 556-1304
The above listing represents facilities which have tit EPA approved Facility Response Plan as required by 40 CFR 112: Oil Pollution; Non-Transportation-Related onshore Facilities;
Final Rule, Dated July 1,1994
2
-------
APPENDIX B.l REGULATED FACILITIES Region 7
NAME
LOCATION
CITY
STATE
ZIP CODE
PHONE
Koch Materials Co. (Elf Asphalt)
6350 Knox Industrial Drive
St. Louis
MO
63139
(314)781-6706
Koch Refining Co.
4100 Elm Street
Bettendorf
IA
52722
(319)324-3766
Midwest Pwr. Sycamore Bngy. Cntr.
6141NW Beaver Drive
Johnston
1A
50131
(515) 281-2764
Mo. Public Svc. Energy Center
14015 S. Smart Street
Greenwood
MO
64034
(816) 537-6895
Pennzoil Products (Pkgng. Plant)
2625 Wagner Place
St Louis
MO
63043
(314)291-1300
Petroleum Fuel & Terminal Co.
Foot of Mullanphy Street
St. Louis
MO
63102
(314)621-0522
Phillips Pipeline Co. (Terminal)
2029 Fairfax Traflicway
Kansas City
KS
66117
(913)342-0510
Phillips Pipeline Co. (Terminal)
139 33rd Street
Betlendorf
1A
53772
(319)355-2654
Reidy Terminal, Inc.
4528 S. Broadway
St. Louis
MO
63111
(314)481-8828
Santa Fe Railroad
2201 Argentine Blvd.
Kansas City
KS
66106
(913)551-4830
Shell Oil
239 E. Prairie Avenue
St. Louis
MO
63147
(314) 231-2000
Sinclair (Terminal)
2010 35th Street
Ft. Madison
1A
52627
(319)372-6552
Sinclair (Terminal)
211 Water Street
New Madrid
MO
63689
(314)748-2340
Sunflower Army Ammunition Plant
35425 W. 103rd Street
Desoto
KS
66018
(913)791-6700
TB Products Pipeline Company (Cape Girardeau)
RR#2, Highway N
Scott City
MO
63780
(314)264-2173
Terminal Packaging Corp.
2850 River Rd.
Council Bluffs
IA
51501
(402) 341-9397
Texaco Ref. & Mktg , Inc.
1401 S. Douglas Road
EI Dorado
KS
67042
(316)321-2200
The above listing represents facilities which have an EPA approved Facility Response Plan as required by 40 CFR 112: Oil Pollution; Non-Transportation-Related onshore Facilities;
Final Rule, Dated July 1 ,1994
3
-------
APPENDIX B.l REGULATED FACILITIES Region 7
NAME
LOCATION
CITY
STATE
ZIP CODE
PHONE
Total Petroleum, Inc.
1400 South M Street
Arkansas City
KS
67005
(316)442-5100
Valvoline Packaging Facility
3536 S. 1st Street
St. Louis
MO
63118
Uno-Ven Company (BcUcndoif Terminal)
312 S Bellinghan Street
Riverdale
IA
52772
(319) 355-2931
Westplains Energy Jutlson Large
11453 Fort Dodge Road
Dodge City
KS
(316) 227-2050
The above listing represents facilities which have an EPA approved Facility Response Plan u required by 40 CFR ! 12: Oil Pollution; Non-Traiuportation-Related onshore Facilities;
Final Rule, Dated July 1,1994
4
-------
APPENDIX B.2
i PTPFT Tivri?c
JK ilitj U JL/xIl X mLmJ Jl JLJl Hf I j I JLO
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
Appendix B.2 gives a listing, provided by the Office of Pipeline
Safety (OPS), of the current regulated pipelines that have been reviewed by
OPS. Once the remaining regulated pipelines in Region VII have been
reviewed, an updated version of this listing will be incorporated.
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
12/08/93
Seq Operator Same
Zone ZD
State/County
Worst Case
D/C Vol.
50 National Cooperative
NCRA ZONE
IA Kills
1350
8 0 National Cooperative
NCRA ZONE
2
IA Council Bluffs
1350
8 0 National Cooperative
NCRA ZONE
2
IA Pottawatamie
" 1350
80 National Cooperative
NCRA ZONE
2
XA Douglas
1350
392 Norco Pipeline, Inc.
MAZON AREA
IA LEE
3650
503 Kaneb Pipe Line Company
KANEB ZONE
4
IA CLAY
£28
503 Kaneb Pipe Line Company
KANEB ZONE
4
IA DICKINSON
628
503 Kaneb Pipe Line Company
KANEB ZONE
4
IA LYON
628
503 Kaneb Pipe Line Company
KANEB ZONE
4
IA O'BRIEN
628
503 Kaneb Pipe Line Company
KANEE ZONE
4
IA PLYMOUTH
628
503 Kaneb Pipe Line Company
KANEB ZONE
4
IA SOUIX
628
S64 Williams Pipe Line
OMAHA ZONE
IA WASHINGTON
S1SS
i -Williams Pipe Line
OMAHA ZONE
, IA MONONA
- 91S5
555 Williams Pipe Line
DES MOINES
ZONE
IA ONION
4696
565 Williams Pipe Line
DES MOINES
ZONE
IA TAMA
4696
56S Williams Pipe Line
DIXON ZONE
IA SCOTT
6054
566 Williams Pipe Line
DIXON ZONE
IA JOHNSON
6054
567 Williams Pipe Line
MINNEAPOLIS
ZONE
IA WORTH
2916
673 ENRON
ZONE G
IA FREMONT
5774
673 ENRON
ZONE G
IA MILLS
5774
674 ENRON
ZONE H
IA MILLS
6923
574 ENRON
ZONE H
IA MONTGOMERY
6923
676 ENRON
ZONE J
IA MONTGOMERY
5774
676 ENRON
ZONE J
IA POTTAWATOMIE
5774
677 ENRON
ZONE K
IA CASS
5965
6., ENRON
ZONE K
IA ADAIR
5965
577 ENRON
ZONE K
IA MADISON
5965
678 ENRON
ZONE L
IA MADISON
5199
-------
12/08/93
Seq Operator Name
r
Zone ID
State/County
Worst Case
D/C Vol.
678 ENRON
ZONE L
1A WARREN
5199
678 ENRON
ZONE L
1A POLK
5199
679 ENRON
ZONE M
IA POLK
8921
679 ENRON
ZONE M
ZA JASPER
8921
660 ENRON
ZONE N
IA JASPER
11837
660 ENRON
ZONE N
ZA POWESHIEK
11837
£61 ENRON
ZONE 0
IA POWESHIEK
10709
681 ENRON
ZONE 0
IA IOWA
10709
£62 ENRON
ZONE P
IA IOWA
7711
682 ENRON
ZONE P
IA JOHNSON
7711
£83 ENRON
ZONE C
ZA CESAR
8724
683 ENRON
ZONE 0
IA SCOTT
8724
i ENRON
ZONE 0
IA KOSCAXINE '
8724
684 ENRON
ZONE R
ZA CEDAR
8356
6 84 ENRON
ZONE R
ZA SCOTT
8356
664 ENRON
ZONE R
IA MUSCATIKE
8356
685 ENRON
ZONE S
ZA SCOTT
7584
830 Arco Pipeline Company
HO0STON- FORT
MADISON IA LEE
2300
8SS Amoco
anavso area
ZA LEE
165000
859 Aneco
KANSAS AXEA
ZA ADAMS
86500
85 9 Amoco -
KANSAS AREA
IA APPANOOSE
86500
859 Amoco
KANSAS AREA
ZA DALLAS
86500
859 Amoco
KANSAS AREA
IA DAVIS
86500
859 Amoco
KANSAS AREA
IA DUBUQUE
86500
655 Amoco
KANSAS AREA
ZA FREMONT
86500
E—. Amoco
KANSAS AREA
IA 'HARRISON
86500
859 Amoco
KANSAS AREA
IA IOWA
8(500
859 'Amoco
KANSAS AREA
IA JOHKSON
86500
-------
12/08/93
Seq Operator Name
f
Zone ID
State/County
Worst Case
D/C Vol,
859 Amoco
KANSAS AREA
IA JONES
S6500
8C9 Amoco
KANSAS AREA
IA KEOKUK
86500
859 Amoco
KANSAS AREA
IA LEE
86500
859 Amoco
KANSAS AREA
IA LINN
86500
859 Amoco
KANSAS AREA
IA MADISON
86500
859 Amoco
KANSAS AREA
IA HILLS
86500
859 Amoco
KANSAS AREA
IA MONONA
86500
859 Amoco
KANSAS AREA
IA PAGE
86500
859 Amoco
KANSAS AREA
IA PLYMOUTH
86500
859 Amoco
KANSAS AREA
IA POLK
86500
859 Amoco
KANSAS AREA
IA POTTAKATTAMIE
86500
859 Amoco
KANSAS AREA
ia sionx
86500
i, Amoco
KANSAS AREA
IA TAYLOR
86S00
859 Amoco
KANSAS AREA
IA UNION
86500
859 Amoco
KANSAS AREA
IA KAFELLO
¦16500
859 Amoco
KANSAS AREA
IA WASHINGTON
86500
859 Amoco
KANSAS AREA
IA WOODBURY
86500
862 Amoco
TWIN CITIES AREA
IA CLAYTON
53500*.
862 Amoco
TWIN CITIES AREA
IA DELAWARE
53500
862 Amoco
TWIN CITIES AREA
IA DUBUQUE
53S00
862 Amoco
TWIN CITIES AREA
IA FAYETTE
S3500
862 Amoco
TWIN CITIES AREA
IA HOWARD
53500
862 Amoco
TWIN CITIES AREA
IA WINNESHIEK
53500
8 Kinley Corporation
CAPEKAR7 TERMINAL
IA POTTAWATTAMIE
0
622 Koch Pipeline.
Inc.
COTTAGE GROVE
IA Worth
17000
6--. Koch Pipeline.
Inc.
COTTAGE GROVE
IA Cerxo Gordo
17000
623 Koch Pipeline.
Inc.
BETHANY 4
IA Cerxo Gordo
9500
623 Koch Pipeline,
Inc ¦
' BETHANY 4
• IA Franklin
9500
-------
12/08/S3
Sea " Operator -Name
*
Zone ID
State/County
worst Case
D/C Vol.
623 Kocn Pipeline. Ir.e.
3ETKANY 4
IA Hamilton
9500
623 Koch Pipeline, Inc.
BETHANY 4
IA Hardin '
9500
623 Koch Pipeline, Inc.
BETHANY 4
IA Story
9500
623 Koch Pipeline. Inc.
BETHANY 4
IA Polk
5500
£23 Koch Pipeline, Inc.
BETHANY 4
IA Warren
9500
623 JCoch Pipeline, Inc.
BETHANY 4
XA Clarke
9500
£23 Koch Pipeline. Inc.
BETHANY 4
IA Decatur
9500
21 Kid-America Pipeline
KANSAS-OKLAHOMA
ICS MONTGOMERY
5000
21 Mid-Araerica Pipeline
COFFEYVIX.LE/EL
ICS Chautauqua
5000
21 Mid-America Pipeline
COFFEYVILUH/EL
ICS Cowley
5000
21 Mid-America Pipeline
COFFEYVILiE/EL
KS Butler
5000
^ 27 Koch Gathering System.
ZONE 2
KS Greenwood
4550
Koch Gathering System.
ZONE 2
ICS Sum&er
4550
30 Koch Gathering System,
ZONE 5
ICS Clark
3200
53 Coastal Corporation
WRIGHT STATION
KS Sedgwick
B820
S3 Coastal Corporation
WRIGHT STATION
ICS Butler
8820
53 Coastal Corporation
WRIGHT STATION
ICS Sumner
8820
66 Jayhawk Pipeline Company
AUGUSTA
ICS Harvey
1075
66 Jayhawk Pipeline Company
AUGUSTA
KS McPhersen
1075
66 Jayhawk Pipeline Company
AUGUSTA
ICS Sedgwick
1075
66 Jayhawk-Pipeline Company
AUGUSTA
KS Butler
1075
66 Jayhawk Pipeline Company
AUGUSTA
1CS Greenwood
1075
66 Jayhawk Pipeline Company
AUGUSTA
KS Cowley
1075
66 Jayhawk Pipeline Company
AUGUSTA
KS Sumner
1075
67 Jayhawk Pipeline Company
CHASE DISTRICT
KS Osborne
1750
.. Jayhawk Pipeline Company
CHASE DISTRICT
ICS Russell
1750
67 Jayhawk Pipeline Company
CHASE DISTRICT
KS Barton
1750
67 Jayhawk Pipeline Company CHASE DISTRICT
KS Ellsworth
17S0
-------
12/Q8/S3
Seq
r
Operator Name
Zone ID
State/County
Worst Case
D/C Vol.
61
Jaynawk Pipeline Company
CHASE DISTRICT
KS
Rice
I7S0
67
Jayhawk Pipeline Company
CHASE DISTRICT
KS
McPherson
1750
67
Jaynawk Pipeline Company
CHASE DISTRICT
KS
Reno
1750
67
Jayhawk Pipeline Company
CHASE DISTRICT
KS
Stafford
17S0
67
Jayhawk Pipeline Company
CHASE DISTRICT
KS
Pratt
17S0
67
Jayhawk Pipeline Company
CHASE DISTRICT
KS
Kiowa
1750
68
Jayhawk Pipeline Company
LIBERAL DISTRICT
KS
Finney
0
68
Jayhawk Pipeline Company
LIBERAL DISTRICT
KS
Haakell
0
68 Jayhawk Pipeline Company
LIBERAL DISTRICT
KS
Morton
0
68
Jaynawk Pipeline Company
LIBERAL DISTRICT
KS
Stevens
0
68
Jayhawk Pipeline Company
LIBERAL DISTRICT
KS
Seward
0
68
Jayhawk Pipeline Company
LIBERAL DISTRICT
KS
Meade
0
Jayhawk Pipeline Cotnpany
LIBERAL DISTRICT
KS
Clark
0
79
National Cooperative
NCRA ZONE 1
KS
McPherson
530
75
National Cooperative
NCSA ZONE 1
KS
Saline
930
79
National Cooperative
NCRA ZONE 1
KS
Dickinson
930
79
National Cooperative
NCRA ZONE i
KS
Abilene
930
79
National Cooperative
NCRA ZONE 1
ICS
Clay
930
79
National Cooperative
NCRA ZONE X
KS
Riley
930
79
National Cooperative
NCRA ZONE 1
KS
Marshall
930
79 National Cooperative
NCRA ZONE 1
ICS
Blue Rapids
930
240
Texaco Trading &
KANSAS OPERATING
KS
Butler
153 55
240
Texaco Trading &
KANSAS OPERATING
KS
Marion
1535S
240
Texaco Trading &
KANSAS OPERATING
KS
Cowley
1S3S5
240
Texaco Trading &
KANSAS OPERATING
KS
Harvey
15355
2 _ .
Texaco Trading u
KANSAS OPERATING
KS
McPherson
153SS
240
Texaco Trading &
KANSAS OPERATING
KS Sedgwick
15355
240
Texaco Trading fc
KANSAS OPERATING
KS
Allen
153S5
-------
12/OB/92
Seq *"Oper, -=r Name
#
Zone ID
State/County
Worst Case
D/C Vol.
24 0 Texaco Trading &
KANSAS OPERATING
KS Bourbon
15355
240 Texaco Trading i
KANSAS OPERATING
XS Greenwood
153S5
24 0 Texaco Trading &
KANSAS OPERATING
KS Woodsor.
15355
240 Texaco Trading fc
KANSAS OPERATING
KS Coffey
1S355
24 0 Texaco Trading L
KANSAS OPERATING
KS Anderson
1S3S5
240 Texaco Trading fc
KANSAS OPERATING
KS Franklin
15355 .
24 0 Texaco Trading t
KANSAS OPERATING
KS Johnson
1S3S5
240 Texaco Trading fc
KANSAS OPERATING
KS Wyanocte
15355 '
240 Texaco Trading fc
KANSAS OPERATING
KS Ness
15355
240 Texaco Trading t
KANSAS OPERATING
KS Hodgeman
15355
240 Texaco Trading &
KANSAS OPERATING
KS Rush
15355
240 Texaco Trading &
KANSAS OPERATING
KS Pawnee
15355
: Texaco Trading &
KANSAS OPERATING
KS Stafford
' 15355
24 0 Texaco Trading &
KANSAS OPERATING
KS Rice
15355
24 0 Texaco Trading &
KANSAS OPERATING
KS Pratt
15355
24 0 Texaco Trading 4
KANSAS OPERATING
KS Kingman
15355
24 0 Texaco Trading fc
KANSAS OPERATING
KS Harper
15355
240 Texaco Trading &
KANSAS OPERATING
KS Barber
15355
240 Texaco Trading t
KANSAS OPERATING
KS Reno
15355
240 Texaco Trading t
KANSAS OPERATING
KS Lyons
15355
241 Texaco Trading &
KAW DISTRICT
KS Barton
10623
241 Texaco Trading t
RAW DISTRICT
KS Ellis
10623
241 Texaco Trading &
KAW DISTRICT
KS Ellsworth
10523
241 Texaco Trading fc
KAW DISTRICT
KS Ness
10623
241 Texaco Trading t
KAW DISTRICT
KS Norton
10623
2. Texaco Trading fc
KAW DISTRICT
KS Phillips
10623
241 Texaco Trading fc
KAW DISTRICT
KS Rice
10623
241 Texaco Trading fc
KAW DISTRICT
ICS Rooks
10623
-------
12/08/93
Sec Operator Name
t
Zone ID
State/County
Worst Case
D/C Vol.
241 Texaco Trading &
KAK DISTRICT
KS Rush
10623
241 Texaco Trading &
KAW DISTRICT
KS Russell
10623
241 Texaco Trading &
KAW DISTRICT
KS Trego
10623
500 Kaneb Pipe Line Company
KANEB ZONE 1
KS BOTLER
19S1
500 Kaneb Pipe Line Company
KANEB ZONE 1
KS COWLEY
1951
500 Kaneb Pipe Line Company
KANEB ZONE 1
KS HARVEY
1951
500 Kaneb Pipe Line Cosspany
KANEB ZONE 1
KS MCPHERSON
1951
500 Kaneb Pipe Line Company
KANEB ZONE 1
KS RENO
1951
500 Kaneb Pipe Line Company
• KANEB ZONE 1
KS SEDGWICK
1951
501 Kaneb Pipe Line Company
KANEB ZONE 2
KS CLO0O
1951
501 Kaneb Pipe Line Company
KANEB ZONE 2
KS MCPHERSON
1951
501 Kaneb Pipe Line Company
KANEB ZONE 2
KS OTEANA
1951
i Kaneb Pipe Line Company
KANEB ZONE 2
KS PHILLIPS.
1951
501 Kaneb Pipe Line Coa^any
KANEB ZONE 2
KS REPUBLIC
1951
501 Kaneb Pipe Line Company
KANEB ZONE 2
KS SALINE
1951
501 Kaneb Pipe Line Company
KANEB ZONE 2
KS SMITH
19S1
549 Conoco Pipe Line Company
PONCA CITY -ARKANSAS
KS COWLEY
14252
550 Conoco Pipe Line Company
WICHITA. KANSAS
VP CTTMUTTJ
MV d C/iklJK JmmtC
6315
550 Conoco Pipe Line Company
WICHITA. KANSAS
KS COWLEY
8315
550 Conoco Pipe Line Company
WICHITA, KANSAS
KS SEDGWICK
8315
550 Conoco Pipe Line Company
WICHITA, KANSAS
KS BUTLER
8315
561 Williams Pipe Line
IOLA ZONE
KS GREENWOOD
9S48
561 Williams Pipe Line
IOLA ZONE
KS WOODSON
9548
561 Williams Pipe Line
IOLA ZONE
KS OSAGE
9548
S61 Williams Pipe Line
IOLA ZONE
KS MONTGOMERY
9548
S*.- Williams Pipe Line
IOLA ZONE
KS BOTLER
9548
562 Williams Pipe Line KANSAS CITY ZONE KS DONIPHAN 6100
562 Williams Pipe Line
KANSAS CUT ZONE KS SHAWNEE
6100
-------
12/08/93
Seq Operator
r
Name
Zcae ID
State/County
Worst Case
D/C Vol.
562 Williams
Pipe
Line
KANSAS
CITY
ZONE
KS D00GLAS
6X00
552 Williams
Pipe
tine
KANSAS
CITY
ZONE
KS WYANDOTTE
6100
562 Williams
Pipe
Line
KANSAS
CITY
ZONE
KS BROWN
6100
667 ENRON
ZONE A
KS ELLSWORTH
634 9
667 ENRON
ZONE A
KS LINCOLN
6349
667 ENRON
ZONE A
KS SALINE
6349
668 ENRON
ZONE 3
KS OTTAWA.
5734
668 ENRON
ZONE B
KS {iIajuij
5734
669 ENRON
ZONE C
KS CUBUD
6349
66S ENRON
ZONE C
KS CLAY
634 S
£69 ENRON
ZONE C
KS WASHINGTON
6149
670 ENRON
ZONE D
KS WASHINGTON
7499
( ENRON
ZONE AA
KS ELLSWORTH
S015
693 ENRON
ZONE AA
KS RICE
5015
693 ENRON
ZONE AA
KS RIKO
5015
6 94 ENRON
ZONE EB
KS MCPHERSON
4349
695 ENRON
zam cc
KS ELLSWORTH
5015
695 ENRON
ZONE CC'
KS RICE
501S
695 ENRON
ZONE CC
KS MCPHERSON
5015
696 ENRON
ZONE DD
ire x*r t euncra
Ka ff. 1 iLtNffwRTH %
9446
696 ENRON -
ZONE DD
KS MCPHERSON
9446
696 ENRON
ZONE DD
KS SALINE
9446
696 ENRON
ZONE DD
KS DICKINSON
9446
697 ENRON
ZONE EE
KS DICKINSON
9446
697 ENRON
ZONE EE
KS GEARY
9446
b. ENRON
ZQSE EE
KS WABBNSEE
9446
697 ENRON
ZONE EE
KS POTTAWATOMIE
?446
697 ENRON
ZONE EE
KS SBAHNEE
9446
-------
12/08/93
Seq Operator Name
W
2one ID
State/County
Worst Case
D/C Vol.
6 57 ENRON
ZONE EE
ICS JACKSON
944 6
696 ENRON
ZONE FF
KS JACKSON
8212
6 98 ENRON
ZONE FF
ICS JEFFERSON
- 8212
698 ENRON
ZONE FF
KS ATCHISON
82X2
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS MONTGOMERY
2300
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON ICS WILSON
2300
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS NEOSHO
2300
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS ALLEN
2300
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS ANDERSON
2300
83 0 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS FRANKLIN
2300
83 0 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS MIAMI
2300
830 Arco Pipeline
Company
HOUSTON-FORT
MADISON KS JOHNSON
2300
' l. Axeo Pipeline
Company
HOUSTON-FORT
MADISON KS WYANDOTTE
2300
856 Amoco
CUSHING AREA
KS ALLEN
246500
856 Amoco
CUSHXNG AREA
KS ANDERSON
146500
856 Amoco
CUSHING AREA
- KS BOURBON
246500
856 Amoco
CUSHING AREA
tre m&l fl'ATtflTU
246500
856 Amoco
CUSHING AREA
KS LINN •
246500
856 Amoco
CUSHING AREA
KS MONTGOMERY
246500
856 Amoco
CUSHING AREA
KS NEOSHO
246S00
85.6 Amoco
CUSHING AREA
KS WILSON
246S00
857 Amoco
.
DENVER AREA
KS BARTON
75000
857 Amoco
DENVER AREA
KS DECATUR
7SOOO
857 Amoco
DENVER AREA
KS DICKINSON
75000
857 Amoco
DENVER AREA
KS
75000
8_. Amoco
DENVER AREA
KS ELLSWORTH
75000
857 Amoco
DENVER AREA
KS FRANKLIN
75000
857 Amoco
DENVER AREA
KS GEARY
75000
-------
12/03/93
Secf
r
* Operator
Name
Zone ID
State/County
Worst Case
D/C Vol.
857
Amoco
DENVER AREA '
KS
GOVE
75000
857
Amoco
DENVER AREA
KS
GRAHAM
75000
857
Amoco
DENVER AREA
KS
LINCOLN
75000
857
Amoco
DENVER AREA
KS
LOGAN
75000
8S7
Amoco
DENVER AREA
KS
LYON
75000
8S7
Amoco
DENVER AREA
KS
HIAKI
75000
857
Amoco
DENVER AREA
KS
MORRIS
75000
857
Amoco
DENVER AREA
KS
NORTON
75000
es7
Amoco
DENVER AREA
KS
OSAGE
75000
857
Amoco
DENVER AREA
KS
OSBORNE
75000
857
Amoco
DENVER AREA
KS
OTTKKA
75000
857
Amoco
DENVER AREA
KS
RAKLINS
75000
I
Amoco
DENVER AREA
KS
ROOKS
"75000
857
Amoco
DENVER AREA
KS
RUSSELL
75000
857
Amoco
DENVER AREA
KS
SHERMAN
75000
857
Amoco
DENVER AREA
KS
THOMAS
75000
857
Amoco
DENVER AREA
KS
TREGO
75000
8S7
Amoco
DENVER AREA
KS
WABAUNSEE
75000
859
Amoco
KANSAS AREA
KS
MIAMI
86500
32
Farmland
Industries,
Inc.
WINDFXELD CITY LAKE
KS
COWLEY
256
33
Farmland
Industries,
Inc.
COPAN STATE WILDLIFE
KS
MONTGOMERY
1062
35
Clear Creek, Xnc.
PRATT
KS
PRATT
0
36
Clear Creek, Inc.
KIOKA
KS
KIOWA
0
37
Clear Creek, Zsc.
ViALKUT CREEKS
KS
NESS
2400
38
Clear Creek, Inc.
SMOKE? HILL
KS
TREGO
1*76
Clear Creek. Inc.
OGALL&H
KS
NESS
700
40
National
Cooperative
UNRUH
KS
MCPHERSON
0
41
National
Cooperative
LINDSBOTG/ROXBORY
KS
MCPHERSON
864
-------
12/C8/93
Seq Operator Name
f
. Zone ID
State/County
Worst Case
D/C Vol.
41 National Cooperative
LX ^OSBUKG / ROXB UrlY
KS SALINE
864
42 National Cooperative
SALINA
K£ SALINA
400
43 National Cooperative
ANNELX.Y
KS HARVEY
0
1X3 Koch Gathering Systems,
ZONE 1
KS Barber
1272
113 Koch Gathering Systems,
ZONE 1
KS Barton
1272
113 Koch Gathering Systems,
ZONE 1
KS Clark
1272
113 Koch Gathering Systems.
ZONE 1
KS Comanche
1272
113 Koch Gathering Systems,
ZONE 1
KS Edwards '
1272
113 Koch Gathering Systems,
ZONE 1
KS Ellis
1272
113 Koch Gathering Systems,
ZONE 1
KS Ellsworth
1272
113 Koch Gathering Systems,
ZONE 1
KS Graham
1272
113 Koch Gathering Systems,
ZONE 1
KS Hodgeman
1272
• . Koch Gathering Systems.
ZONE 1
KS Kiova
1272
113 Koch Gathering Systems,
ZONE 1
KS Mcpherson
1272
113 Koch Gathering Systems.
ZONE 1
KS Osborne
1272
113 Koch Gathering Systems,
ZONE 1
KS Pawnee
1272
113 Koch Gathering Systems,
ZONE 1
KS Pratt
1272
113. Koch Gathering Systems,
ZONE 1
KS Rice
1272
113 Koch Gathering Systems,
ZONE 1
KS Rooks
1272
113 Koch Gathering Systems,
ZONE 1
KS Rush
1272
113_Koch Gathering Systems,
ZONE 1
KS Russell
1272
113 Koch Gathering Systems.
ZONE 1
KS Sedgwick
1272
113 Koch Gathering systems.
ZONE 1
KS Stafford
1272
113 Koch Gathering Systems,
ZONE 1
KS Trego
1272
114 Koch Gathering Systems.
ZONE 2
KS Decatur
400
Ij.* Koch Gathering Systems,
ZONE 2
KS Finney
400
114 Koch Gathering Systems.
ZONE. 2
KS Gove
400
114 Koch Gathering Systems,
ZONE 2
KS Greeley
400
-------
12/08/93
£=q '
*
Operator Kaae
one I
State/County
Worst Case
D/C Vol.
114
Koch
Gathering Systems,
ZONE 2
KS Haskell
400
114
Koch
Gathering Systems,
20KE 2
KS Hodgeman
400
114
Koch Gathering Systems,
ZONE 2
ICS Kearny
400
114
Koch Gathering Systems,
ZONE 2
ICS Lane
400
114
Koch Gathering Systems,
ZONE 2
KS Logan
400
114
Koch Gathering Systems,
ZONE 2
KS Ness
400
114
Koch Gathering Systems,
ZONE 2
KS Rawlins
400
114
Koch Gatheriag Systems,
ZONE 2
KS Sherman
400
114
Koch
Gathering Systems,
ZONE 2
KS Thomas
400
114
Koch Gathering Systems,
ZONE 2
KS Wallace
400
344
Chase
Transportation
KANSAS ZOHE
1
KS Butler
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Sedgwick
4200
Chase
Transportation
KANSAS 'ZONE
1
IS Reno
. 4200
344
Chase
Transportation
KANSAS ZONE
KS Stafford
4200
344
Chase Transportation
KANSAS ZONE
1
KS Barton
4200
344
Chase
Transportation
KANSAS ZONE
KS Rush
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Ness
4200
344
Chase Transportation
KANSAS ZONE
1
KS iJinr
' 4200
344
Chase
Transportation
KANSAS ZONE
1
KS Scott
4200
344
Chase
Transportation
KANSAS ZONE
KS Wichita
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Logan
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Wallace
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Hodgeman
4200
344
Chase
Transportation
KANSAS ZONE
1
KS Pawnee
4200
100
Mobil
Pipeline Company
REGION 7
KS Rooks
45545
2_.
Mobil
Pipeline Company
REGION 7
KS Trego
45545
100
Mobil
Pipeline Company
REGION 7
KS Graham
45545
200 Mobil Pipeline Company REGION 7 KS Sheridan 4S545
-------
12/0S/S3
Seq
'Operator Name
Zcne ID
State/County
Worst Case
D/C Vol.
826
: Total Petroleum, Ir.z.
KANSAS-OKLAHOMA
KS
Sumner
11998
826
Total Petroleuia, Inc.
KANSAS-OKLAHOMA
KS
Cowley
11996,
826
Total Petrolema, Inc.
KANSAS-OKLAHOMA
KS
Marion
1-1998
826
Total Petroleum, Inc.
KANSAS-OKLAHOMA
KS
Butler
11998
240 Texaco Trading &
KANSAS OPERATING
MO
Vernon
15355
240
Texaco Trading &
KANSAS OPERATING
MO
Platte
15355
5S3
'Conoco Pipe Line Company
MT. VERNON
MO
NEWTON
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
JASPER
11573 •
553
Conoco Pipe Line Company
MT. VERNON
MO
LAWRENCE
11S73
553
Conoco Pipe Line Company
MT. VERNON
mo
GREENE
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
WEBSTER
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
DALLAS
11573
Conoco Pipe Line Company
MT, VERNON
.MO
LACLEDE
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
CAMDEN
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
MCDONALD
11573
553
Conoco Pipe Line Company
MT. VERNON
MO
BARRY
11573
554
Conoco Pipe .Line Company
BELLE
MO
CAMDEN
11573
554
Conoco Pipe Line Company
3ELLE
MO
PULASKI
11573
554
Conoco Pipe Line Company
selle
MO
MARXES
11573
554
Conoco Pipe Line Company
belle
MO
GASCONADE
11573
554_
Conoco Pipe Line Company
belle
MO
FRANKLIN
11573
554
Conoco Pipe Line Company
belle
MO
WARREN
11573
554
Conoco Pipe Line Company
BELLE
MO
ST. CHARLES _
11573
554
Conoco Pipe Line Company
BELLE
MO
ST. LOUIS
11573
555
Conoco Pipe Line Company
ST, CHARGES-WOOD
MO
ST. rwnpT.rg
8445
S..
Williams Pipe Line
IOLA ZONE
MO
HENRY
9S48
5S2
Williams Pipe Line
KANSAS CUT ZONE
MO ANDREW
6100
562
Williams Pipe Line
KANSAS CITY ZONE
MO
PLATTE
£100
-------
12/08/93
Seq ~Operator Name
Zone ID
State/County
Worst Case
D/C Vol.
5S2 Williams Pipe Line
KANSAS CITY
ZONE
MO CLAY
6100
562 Williams Pipe Line
KANSAS CITY
ZONE
MO HARRISON
6100
5S2 Williams Pipe Line
KANSAS CITY
ZONE
MO JAC5S0N
6100
563 Williams Pipe Line
HANNIBAL ZONE
MO MONITEAU
7000
563 Williams Pipe Line
HANNIBAL ZONE
MO BOONE
7000
563 Williams Pipe Line
HANNIBAL ZONE
MO RALLS
7000
698 ENRON
ZONE FF
MO PLATTE
8212
698 ENRON
ZONE FF
MO BUCHANAN
8212
€38 ENRON
ZONE FF
MO CLINTON
8212
830 Axco Pipeline Company
HOUSTON-FORT
MADISON
MO JACKSON
2300
830 Arcs Pipeline Company
HOOSTON-FORT
MADISON
MO RAY
2300
830 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO CARROLL
2300
Arco Pipeline Company
HOUSTON-FORT
MADISON
MO CHARITON
2300
83 0 Arco Pipeline Company
HOOSTON-FORT
MADISON
MO LZHN
2300
83 0 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO MACON
2300
.83 0 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO ADAIR
2300
830 Arco Pipeline Company
HOUSTON-FORT
MADISON HO KNOX
2300
830 Arco Pipeline Company
HOOSTON-FORT
MADISON
MO SCOTLAND
2300
hq Arco Pipeline Cossf.tr.y
::?*TTrr
2300
§30 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO RANDOLPH
2300
83 0 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO AUDRAIN
2300
830 Arco Pipeline Company
HOUSTON-FORT
MADISON
MO BOONE
2300
859 Amoco
KANSAS AREA
MO ADAIR
86500
8S9 AaoCC
KANSAS AREA
MO ANDREW
86500
859 Amoco
KANSAS AREA
MO ATCHISON
86500
fc_.< Amoco
KANSAS AREA
MO BATES
86500
859 Amoco
KANSAS AREA
MO BUCHANAN
86S00
B59 Amoco
KANSAS AREA
MO CALDWELL
86500
-------
12/08/S3
Seq Cperatcr Name
Zone ID
State/County
Worst Case
D/C Vol.
85 9 Amoco
KANSAS AREA
MO CARROLL
86500
859 Amoco
KANSAS AREA
MO CASS
sesoo
8S9 Amoco
KANSAS AREA
MO CHARITON
86500
859 Amoco
KANSAS AREA
MO CLARK
86500
859 Amoco
KANSAS AREA
MO CLAY
86500
859 Amoco
KANSAS AREA
MO CLINTON
86500
859 Amoco
KANSAS AREA
MO DAVIESS
86500
859 Amoco
KANSAS AREA
MO GRUNDY
86500
859 Amoco
KANSAS AREA
MO JACKSON
86500
859 Amoco
KANSAS AREA
MO JOHNSON
86500
859 Amoco
KANSAS AREA
MO KNOX
86500
859 Amoco
KANSAS AREA
MO LAFAYETTE
86500
Amoco
KANSAS AREA
MO LEWIS
86500.
859 Amoco
KANSAS AREA
MO LINCOLN
86500
859 Amoco
' KANSAS AREA
MO LINN
86500
859 Amoco
KANSAS AREA
MO LIVINGSTON
B6500
859 Amoco
KANSAS AREA
MO MACON
86500
859 Amoco
KANSAS AREA
MO MARION
86500
859 Amoco
KANSAS AREA
MO MONROE
86500
859 Amoco
¦ KANSAS AREA
MO NODAWAY
86500
859 jftmoco
KANSAS AREA
MO PIKE
86500
859 Amoco
KANSAS AREA
MO POTHAM
86500
859 Amoco
KANSAS AREA
MO RALLS
86500
859 Amoco
KANSAS AREA
MO RANDOLPH
86500
859 Amoco
KANSAS AREA
MO RAY
86500
Amoco
KANSAS AREA
MO SALINE
86500
8S9 Amoco
KANSAS AREA
MO SCOTLAND
86500
859 Amoco
KANSAS AREA
MO SHELBY
86500
-------
12/CB/93
Sec Operator Name
Zone ID
State/County
Worst Case
D/C Vol.
S 5 P Amoco
KANSAS AREA
MO r-T CHARLES
86S00
85 9 Amoco'
KANSAS AREA
MO SULLIVAN
86S00
821 Explorer Pipeline Company GLENPOOL AREA
MO Newton
48600
821 Explorer Pipeline Company GLEHPOOL AREA
MO Jasper
48600
821 Explorer Pipeline Company GLQ7P00L AREA
MO Lawrence
48600
821 Explorer Pipeline Company GLEKPOOL AREA
MO Dade
48600
B21 Explorer Pipeline Company GLENPOOL AREA
MO r.reea
48600
821 Explorer Pipeline Company GLEHPOOL AREA
MO Polk
48600
822 Explorer Pipeline Company WOODRXVER AREA
MO Polk
27000
822 Explorer Pipeline Company WOODRXVER AREA
MO Dallas
27000
822 Explorer Pipeline Company WOODRXVER AREA
MO Laclede
27000
822 Explorer Pipeline Company WOODRXVER AREA
MO ramrirn
27000
Explorer Pipeline Company WOODRXVER AREA
MO Pulaski •
.27000
822 Explorer Pipeline Company WOODRXVER AREA
MO Maries
27000
622 Explorer Pipeline Company WOODRXVER AREA
MO Gasconades
27000
822 Explorer Pipeline Company WOODRXVER AREA
MO Franklin
27000
822 Explorer Pipeline Company WOODRXVER AREA
MO St Charles
27000
100 Mobil Pipeline
Company
REGION 7
MO Ripley
4S54S
ICO Mobil Pipeline
C 71 j'
REGXCN 7
MO Carter
45545
100 Mobil Pipeline
Company
REGION 7
MO Wayne
45545
100 Mobil Pipeline
Company
REGION 7
MO Madison
45545
100 Mobil Pipeline
Company
REGION 7
MO Bollinger
45545
100 Mobil Pipeline
Company
REGION 7
MO Perry
45545
623 Koch Pipeline.
Xnc.
BETHANY 4
MO Harrison
9500
624 Koch Pipeline.
Xnc.
BETHANY 5
MO Harrison
9300
6-. Koch Pipeline.
Inc.
BETHANY 5
MO Mercer
9300
624 Koch Pipeline.
Xnc.
BETHANY 5
MO Grundy
5300
624 Koch Pipeline.
Xnc.
BETHANY 5
MO Sullivan
9300
-------
12/08/93
Seq Operator Name Zone ID State/County Worst Case
D/C Vol.
624 Koch Pipeline, Isc.
BETHANY £
MO Linn
9300
624 Koch Pipeline. Inc.
BETHANY 5
MO Macon
9300
624 Xoca Pipeline. Inc.
BETHANY 5
MO Randolf
5300
624 Koch Pipeline, Inc.
BETHANY 5
MO Monroe
9300
624 Koch Pipeline, Inc.
BETHANY S
MO Audrain
9300
624 Koch Pipeline, Inc.
BETHANY 5
MO Montgomery
9300
624 Koch Pipeline, Inc.
BETHANY 5
MO Lincoln
9300
624 Koch Pipeline, Inc.
BETHANY S
MO St. Charles
9300
501 Kaneb Pipe Line Company
KANEB ZONE
2
MB POLK
1351
501 Kaneb Pipe Line Company
KANEB ZONE
2
NB THAYER
19S1
501 Kaneb Pipe Line Cornpany
KANEB ZONE
2
NB WEBSTER
19S1
501 Kaneb Pipe Line Company
KANEB ZONE
2
NB YORK
1SS1
Kaneb Pipe Line Company
KANEB ZONE
3
NB BUTLER
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB CESAR
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB COLFAX
703
502 Xaneb Pipe Line Company
KANEB ZONE
3
NB COMING
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB DIXON
703
502 Kaneb Pipe Line Company•
KANEB ZONE
3
NB FRONTIER
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB GOSPER
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB KEARNEY
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB LINCOLN
703
502 Xaneb Pipe Line Company
KANEB ZONE
3
NB MADISON
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB PHELPS
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB PIERCE
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB PLATTE
703
5w* Kaneb Pipe Line Company
KANEB ZONE
3
NB POLK
703
502 Kaneb Pipe Line Company
KANEB ZONE
3
NB STATION
703
502 Xaneb Pipe Line Company
KANEB ZONE
3
NB WAYNE
703
-------
12/08/93
Seq~'Operator Nane
Zone ID
State/County
Worst Case
D/C Vol.
502 Kaneb
Pipe Liae
Cesp&iiy
KAKEB ZONE 3
SB YORK
703
503 Kaneb
Pipe Liae
Cospaay
KAHEB ZONE 4
NB CEDAR
626
503 Kaneb Pipe Liae
Cospany
KANEB ZONE 4
NB DIXON
628
670 ENRON
ZONE D
NB GASE
7499
671 ENRON
ZONE E
NB GAGE
6349
671 ENRON
ZONE E
NB JOHHSON
6349
671 -ENRON
ZOSE S
NB OTOE
6349
«72 ENRON
ZONE F
NB OTOE
5015
672 ENRON
ZONE r
NB CASS
5015
673 ENRON
ZONE G
NB OTOE
5774
673 ENRON
ZONE C
NB CASS
5774
67 S ENRON
ZONE Z
NB CASS
6923
ENRON
ZCKE I
NB MXSLS*
6923
S75 ENRON
ZONE I
NB MONTGOMERY
6923
-------
APPENDIX C
EQUIPMENT
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPFNDTX r 1
OIL SPILL REMOVAL
ORGANIZATIONS
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
of Transportation
United States
Coast Guard
U. S. Coast Guard
Wasmagton, uu i
• StaffSymCyS:': (G-MEP)
Phofie: 202:^67-05-1^
J"--
' .• :>r y. v •
r-r,c-'"
COMDTPUB PI6700.4
- 92
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO
Subj :
1 21'- 92
¦OH'-DEO f992
Guidelines for the Classification and Inspection of Oil
Spill Removal Organizations •( OSROs
Ref: (a) NVIC No. 8-92, "Interim Guidelines for the Development
and Review of Vessel Response ;'Plaris"
.. „ « . y. — .m*
(b) NVIC No. 7-92, "Interim Guideline'sVfprr^the^Development ~
and Review of Response Plans fdr Marine0..z. ' v':-'*-?"
Transportation-Related Facilities Includipij'DeepV^t&r
Ports" ' * ' ^ '
1. PURPOSE. The purpose of this circular is to facilitate the
preparation and review of vessel and facility response plans
by providing guidance on the classification of. oil spill
removal organizations. The guidelines ^jrdppse^a;method ;pf
estimating the ^capacity of oil spill removai-prgahizations
to contain and remove oil from the watei? andrshorelin%5..
BACKGROUND.
<. y :- r> »
Section 4202 of the Oil-Pollul^oh-Aci' of" 19?0 (OPA 90)
amended section 311(j )"toiT"th^'Fed^ral^ Water-#611ution ,
Control Act (FWPCA) to'require the preparation and
submission of response- fclans for;all vessels, .defined as
"tank vessels" under '46T-U.S.C. 2-ibl and^fptvpertain oi'l-
handling facilities'". Because there is a.r;statutory
deadline of February 18,1PI993 forAowrie^r and operators to
submit response plans, and -because "a -fiiia^-ruie^pn
submittal of response plans had not been^ pu^iis6'^dt. the
• - •'•* • ••••'
DISTRIBUTION-SDL No. 130
a
b
c
d
e
i
0
h
i
i
k
1
m
n
0
P
q
r
s
t
u
V
w
X
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z
..
*
2
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1
1
132
1
5
30
it
1
*
1
1
11
1
*
2
2C
¦
1
1
1
-STANDARD DISTRIBUTION: (See page 5.)
NON
-------
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. ^ 9 2,
0 4 DEC 1992
2. a. (cont'd) Coast Guard issued Navigation and Inspection
Circulars (NVICs) Nos. 7-92 and 8-92 (references (a) and
(b)). These NVICs provide guidance on the preparation
and submission of response plans.
b. Under OPA 90, an owner or operator who is required to
submit a response plan must, among other things,
"identify, and ensure by contract or other means approved
by the President the availability of, private personnel
and equipment necessary to remove to the maximum extent
practicable a worst case discharge (including a discharge
resulting from fire or explosion), and to mitigate or
- ~ prevent a substantial threat of such a discharge." The
magnitude of the investment in specialized equipment for
recovering oil from the water and shorelines, temporarily
storing it, and transporting it for disposal, and for
training sufficient numbers of personnel to remove such a
discharge, in all foreseeable locations and operating
environments, is unprecedented for marine environmental
response preparation. The system for assembling,
mobilizing, and controlling these resources is extremely
complex. To meet the statutory requirements, each
response pl;an must identify the means for accomplishing
these massive tasks.
3. DISCUSSION.
a. Under the guidelines contained in references (a) and (b),
an owner or operator would identify private personnel and
equipment sufficient to remove three levels of spills: an
"average most probable discharge" (AMPD), a "maximum most
probable discharge" (MMPD), and a "worst case discharge"
(WCD). The owner or operator may demonstrate capability
to remove those volumes of discharged oil by listing the
available resources and their capacity to contain,
remove, and store the recovered volumes. These resources
include the various types of booms to contain oil in
different environments and water depths and to protect
shorelines; the types, capacities, and seakeeping
capabilities of skimming and vacuum systems to recover
oil from the water and shorelines; and sufficient storage
capacity to temporarily store recovered oil and
contaminated debris for transportation and disposal. To
determine that these resources are not only available but
that they may be relied upon to operate effectively in
the planned spill environment, prudence may dictate that
the owner or operator inspect the oil spill removal
organization's facility, audit the personnel and training
records, inventory and inspect equipment, audit
maintenance records, and establish to his or her
satisfaction that the resources are available and
2
-------
NAVIGATION AND VESSEL INSPECTION CIRCULAR ~
0 4 DEL bbi
3. a. (cont'd) dependable. Given that no one OSRO is likely
to own or otherwise control sufficient resources to meet
all of a vessel or facility owner's or operator's
responsibilities, and that combinations of different
removal organizations and capabilities may be needed", the
owner's or operator's obligations are daunting.
b. Because, under OPA 90, vessel and facility owners or
operators are required to ensure by contract or other
approved means sufficient response capacity to meet their
planning responsibilities, OSROs are presented with both
a business opportunity and a problem. To acquire
contracts with vessel or facility owners or operators in
an open market, an OSRO must sell its capabilities and
clearly demonstrate that it can meet its prospective
customer's response planning needs in the bright light of
competition. Advertising its capabilities to many
prospective customers may subject the OSRO "to repeated
inspections by owner's or operator's representatives who
may view the resources and capabilities differently.
c. OPA 90 gives the Coast Guard the responsibility to review
and approved response plans. The Coast Guard must review
all of the listed resources and response capabilities
before the response plan can be finally approved. The
Coast Guard may also verify that the resources are
available and capable of meeting planning requirements,
as represented by the owner or operator. This could
involve yet another inspection of the OSRO's facility,
personnel and maintenance records, equipment inventory,
and performance operability checks. Without a simpler
means of identifying adequate and available private
response resources, preparation and review of response
plans could be extremely inefficient, labor-intensive,
and time-consuming for all parties - the owner or
operator, the OSRO, and the Coast Guard.
d. National guidelines for classifying OSROs based on
standard oil spill volumes would greatly facilitate the
selection of OSROs by plan preparers. Such guidelines
• will also facilitate the Coast Guard's review of
individually submitted response plans and assist OSROs in
evaluating their own capabilities to meet the needs of
plan preparers and the Coast Guard. With standard
classifications, plan preparers could better match their
planning requirements to an OSRO's estimated capacity to
recover oil. The Coast Guard could more quickly
determine whether the removal capacity of the classified
OSRO, or combination of OSROs, identified by the plan
3
-------
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO.i _ Q O
H £ T -« T"
L -4 I'LL-
3. d. (cont'd) preparer was sufficient to meet the owner's or
operator's planning requirements. OSROs could use these
guidelines to present their capabilities and removal
capacities more convincingly, facilitating the
contracting process with plan preparers.
e. Enclosure (1) to this NVIC provides voluntary guidelines
by which OSROs may be classified based on standard oil
spill removal capacities.
4. IMPLEMENTATION.
-a-. Vessel and facility owners or operators who are required
to prepare and submit response plans to the Coast Guard
may use the provisions of the enclosed guidance to
identify OSROs with the capacity to meet their individual
planning volume requirements as described in references
(a) and (b). Compliance with this NVIC is voluntary and
owners or operators need not limit their response
resources to OSROs that have been classified by the Coast
- Guard. Owners or operators remain responsible for
determining that OSROs identified in their plan are
capable of meeting the various response time requirements
specified in references (a) and (b). The owner or
operator that submits a response plan and identifies
OSROs classified in accordance with this guidance should
indicate that fact in a letter accompanying the plan
submission. Upon notification by the OSRO or the Coast
Guard of a change in the OSRO's classification, the owner
or operator should reevaluate his or her response plan
and reaffirm its validity as provided in references (a)
and (b).
b. Oil spill removal organizations wishing to participate in
the classification process should follow the procedures
described in enclosure (1). Classified OSROs whose
classification status changes for any reason should
notify owners or operators with whom they have contracted
to provide response resources that the owner's or
operators's ability to meet his or her planning
requirements may be affected.
c. The Coast Guard will classify OSROs, in accordance with
the process described in enclosure (1), and will make
public a list of classified OSROs and any changes to
existing classifications. The Coast Guard will accept
evidence of such classification in lieu of a complete
list of removal equipment, as provided for in references
(a) and (b), as evidence that the owner or operator has
identified sufficient capacity to meet his or her
planning requirements.
4
-------
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 2 ~ 9 %
0 4 DEC mk
4. d. Oil Spill Removal Organizations following this guidance
should forward their applications to the Coast Guard at
the following address:
National Strike Force Coordination Center
(ATTN: OSRO CLASSIFICATION REVIEW)
1461 U.S. 17 North
Elizabeth City, NC 27909
Rear Admiral, U.S. Coast Guard
Chief, Office of Marine Safety,
Security and Environmental Protection
Encl: (1) Guidelines for Classifying Oil Spill Removal
Organizations (OSROs)
Non-Standard Distribution:
C:e New Orleans (90); Hampton Roads (50); Baltimore (45); San
Francisco (40); Philadelphia, Port Arthur, Honolulu,
Puget Sound (35); Miami, Houston, Mobile, Long Beach,
Morgan City (25); Jacksonville, Portland OR (20); Boston,
Portland ME, Charleston, Galveston, Anchorage (15);
Cleveland (12); Louisville, Memphis, Paducah, Pittsburgh,
St. Louis, Savannah, San Juan, Tampa, Buffalo, Chicago,
Detroit, Duluth, Milwaukee, San Diego, Juneau, Valdez
(10); Providence, Huntington, Wilmington, Corpus Christi,
Toledo, Guam (5).
C:m New York (70); St. Ignace (5); Sturgeon Bay (4).
D:d Except Baltimore, Moriches.
D:1 CG Liaison Officer MILSEALIFTCOMD (Code N-7CG), CG
Liaison Officer RSPA (DHM-22), CG Liaison Officer MARAD
(MAR-742), CG Liaison Officer JUSMAGPHIL, CG Liaison
Officer World Maritime University (1).
NOAA Fleet Inspection Officer (1).
U.S. Merchant Marine Academy (1).
5
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Guidelines for Classifying
Oil Spill Removal Organizations (OSROs)
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Enclosure (1) to NVIC J % ~~ 9 2
GUIDELINES FOR CLASSIFYING
'OIL SPILL REMOVAL ORGANIZATIONS (OSROs)
TABLE OF CONTENTS
Section A Definitions page 3
Section B Classification Process page 5
Section C OSRO Classifications for page 10
„ Various Environments
2
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GUIDELINES FOR CLASSIFYING OIL SPILL REMOVAL ORGANIZATIONS (OSRO)
Section A._ DEFINITIONS. The definitions in this section are
" * provided to assist the reader in understanding the
provisions of this NVIC. They are consistent with
those included in references (a) and (b).
1• Containment boom means boom which is intended to contain oil
for recovery by mechanical means. References (a) and (b)
(appendix A, table 1) display recommended boom properties for
effective use in various operating environments (i.e., river,
harbor, Great Lakes, offshore, open ocean, etc.).
2. Great Lakes means Lakes Superior, Michigan, Huron, Erie, and
.. ^Ontario; their connecting and tributary waters; the Saint
Lawrence River as far as Saint Regis; and adjacent port
areas.
3. Inland area means the area shoreward of the boundary lines
defined in 46 CFR part 7, except that in the Gulf of Mexico,
it means the area shoreward of the lines of demarcation
(COLREG lines) as defined in §§ 80.740 - 80.850 of 33 CFR
chapter I. The inland area does not include the Great Lakes
or rivers and canals areas.
«
4. Nearshore area means the area extending seaward 12 miles from
the boundary lines defined in 46 CFR part 7, except that in
the Gulf of Mexico it means the area extending seaward 12
miles from the line of demarcation (COLREG lines) as defined
in §§ 80.740 - 80-850 of 33 CFR chapter I.
5- Non-persistent or Group I oil means a petroleum-based oil
that, at the time of shipment, consists of hydrocarbon
fractions—
(a) At least 50% of which by volume, distill at a
temperature of 340 degrees C (645 degrees F); and
(b) At least 95% of which by volume, distill at a
temperature of 370 degrees C (700 degrees F).
6. Ocean means the open ocean, offshore area, and nearshore area
as defined in this document. .
7. Offshore area means the area up to 38 nautical miles seaward
of the outer boundary of the nearshore area.
-------
Enclosure (1) to NVICJ^ — y
8. Oil Spill Removal Organization (OSRO) means any person or
persons who own or otherwise control oil spill removal
resources that are designed for, or are capable of, removing
oil from the water or shoreline. Control of such resources
through means other than nership may include leasing or
subcontracting of equipme, _ or, in the case of trained
personnel, by having contracts, evidence of employment, or
consulting agreements. OSROs provide response equipment-and
services, individually or in combination with subcontractors
or associated contractors, under contract or other means
approved by the President, directly to an owner or operator
of a tank vessel or facility required to have a response plan
under 33 U.S.C. 1321(j)(5). OSROs must be able to mobilize
and deploy equipment or trained personnel and remove, store,
and transfer recovered oil. Persons such as sales and
- marketing organizations (e.g., distributorships and
manufacturer's representatives) that warehouse or store
equipment for sale are not OSROs.
9. ' Open ocean means the area from 38 nautical miles seaward of
the outer boundary of the nearshore area, to the seaward
boundary of the EEZ.
10. Persistent oil means a petroleum-based oil that does not
meet the distillation criteria for a non-persistent oil.
For the purposes of this document, persistent oils are
further classified based on specific gravity as follows:
(a) Group II - specific gravity less than .85. (e.g.
gasoline, kerosene, Nigerian Light Crude)
(b) Group III - specific gravity between .85 and less than
.95. (e.g. Arabian and Kuwait Crude)
(c) Group IV - specific gravity .95 to and including 1.0.
(e.g. Bunker C, #6 Fuel Oil)
(d) Group V - specific gravity greater than 1.0. (e.g. Carbon
Black)
11. Protective boom means boom that is used for deflecting
spilled oil. References (a) and (b) (appendix A, table 1)
display recommended boom properties for various operating
environments (i.e. river, harbor, Great Lakes, offshore,
open ocean, etc.).
12. Rivers and canals means bodies of water, including the
Intracoastal Waterways and other waterways artificially
created for navigation, confined within the inland area that
have a project depth of 12 feet or less.
13. Recovery capacity means skimmer or vacuum capacity as
calculated in references (a) and (b).
4
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14. Temporary storage capacity means, for the purposes of
classification, sufficient storage capacity to securely
contain two days of planned recovery. Temporary storage
capacity may include inflatable bladders, rubber barges,
certificated barge capacity, or prearranged shore-based
storage capacity. It does not include vessels or barges of
opportunity or shore-based storage for which no
prearrangements have been made.
Section B. CLASSIFICATION PROCESS. Classification is a process
for identifying oil spill removal organizations on
the basis of their ownership or control of
specialized equipment and trained personnel to remove
oil from the environment. There are five classes of
OSROs (Class A, B, C, D, and E) for each of four
marine environments. Classification of an OSRO by
the Coast Guard will normally be for a period of 3
years. Review for reclassification may be initiated
by either the Coast Guard or the OSRO.
Classification does not predict operational"
performance or relieve an owner or operator from the
requirement to consider response times in the
planning process, nor from the responsibility to
effectively and promptly remove spilled oil from the
environment.
1. APPLICATION FOR'CLASSIFICATION.
a. Any OSRO may apply for classification. The Coast Guard
will classify applicants on the basis of their estimated
capacity to remove oil from the marine environment, as
calculated from the information provided in the
application and enclosure (1) to references (a) and (b).
b. An OSRO seeking classification should supply information
about its equipment and personnel inventory in a format
similar to that provided in appendix (A) of this NVIC.
Applicants should provide information in a manner which
is clear, concise, and easily read. OSROs may be
classified to the levels identified in Section 3 of this
enclosure for the environment(s) in which they intend to
operate.
c. The applicant should identify the latitude and longitude
of the locations from which oil spill response resources
will be mobilized. If resources are available from more
than one location, all resources within a twenty five-
mile radius may be counted as if available from a single
location. The OSRO should list similarly any resources
outside the 25-mile radius. Latitude and longitude will
be used to assess the mobilization radius within which
the OSRO can meet the response guidelines established in
references (a) and (b).
5
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Enclosure (1) to NVIC X & ^ &
d. An applicant shall attest that the factual information
provided regarding the applicant's response equipment and
personnel is correct to the best of the applicant's
knowledge and belief. The applicant shall agree to be
visited by Coast Guard personnel for the purpose of
verifying the information contained in the application.
e. The applicant should list separately any discharge
removal equipment purchased or contracted for, but not
yet delivered when the application is filed. An
applicant may be asked to provide written proof of the
contracted delivery date of the equipment. Equipment
which is contracted for delivery within six months of the
date of application will be included toward a provisional
classification but listed separately until delivery is
confirmed.
f. A classified OSRO should notify the Captain of. the Port
(COTP) of the zone in which the OSRO's resources are
located of significant changes in response .capability
t;hat might effect the classification and the OSRO' s
ability to respond to a spill as planned. A
"significant" change is a reduction in the OSRO's
classified capacity by"a factor of 10% for a period of 48
hours or longer.
g. An OSRO may submit an application to the following -
address:
National Strike Force Coordination Center (NSFCC) (Attn:
OSRO CLASSIFICATION REVIEW)
1461 U.S. 17 North
Elizabeth City,
North Carolina 27909.
The NSFCC can be reached by telephone at (919) 331-6000
or by fascimile at (919) 331-6012.
2. REVIEW AND CLASSIFICATION PROCESS.
a. An applicant's resources will be assessed on the basis of
the information provided, the process described in this
guidance, and the information provided in references (a)
and (b) (appendix A to enclosure (1)). Both references
identify the formulae for calculating effective daily
recovery capacity, operating parameters for skimmers, and
minimum guidelines for booms. When assigning OSROs to
one or more response classes, the quantity of equipment,
its designed purpose, the planning capacity of the
resources identified in the application, and the number
of trained response personnel will be considered.
Incomplete applications will be returned to the applicant
immediately with an explanation of the deficiency.
6
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Enclosure (1) to NVIC ^ — y £
b. After completing the review of the information provided
by the applicant, the Coast Guard will classify the OSHO
and issue an interim letter of classification identifying
the quantity and calculated capacity of the critical
resources. When the Coast Guard has conducted a
familiarization visit it will issue a final letter of
classification that is valid for a period of three years
from the date of issuance.
3. INSPECTION AND VERIFICATION.
a. The Coast Guard reserves the right to conduct inspection
visits to verify that the OSROs inventory of equipment
and trained personnel accurately reflects the information
provided in the application. The inspection team may
include members of the National Strike Force, the local
Marine Safety Office (MSO), and other Coast Guard units.
The visit will also allow U.S. Coast Guard personnel to
become acquainted with the organizations with which they
will work in the event of a spill.
b. The Coast Guard may inspect the OSRO's equipment and
personnel inventory and audit appropriate records. Any
such audit will be a quality assurance check of the
equipment and trained personnel and should not be
construed toj.be a guarantee of performance. If the OSROs
inventory of equipment and personnel does not accurately
reflect the information provided in the application, the
Coast Guard will withdraw the classifiction letter and
reclassify the OSRO to a level which appropriately
reflects its inventory of resources.
c. The OSRO should ensure that its equipment is in good
operating condition, the preventive maintenance is
performed as recommended by the manufacturer, that
equipment is transportable, and that there is
compatibility between system components. Equipment that
is inoperable, not mobile or transportable, or that has
incompatible system components may not be counted toward
overall removal capacity for the purposes of
classification. The verification team may consider,
among other conditions, the following:
(1) Booms:
(a) Overall condition
(b) Evidence of ownership, lease, or subcontract
(c) Type and quantity
(d) Compatibility of connectors
(e) Number and adequacy of anchors
7
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tncxosuxe i ±) to rwi.u JL ^ I? ^
(f) Transportability
(2), Recovery Devices;
(a) Skimmers and vacuum trucks
(b) Evidence of ownership, lease, or subcontract
(c) Type and throughput capacity
(d) Compatibility of components (hoses, suction and
skimmer head, couplings, connectors, etc.)
(e) Operability and maintenance
(f) Condition of the prime mover
(3) Temporary Storage Devices:
(a) Evidence of ownership, lease, or subcontract
(b) Capacity (twice daily recovery capacity)
(c) Inspected and maintained in accordance with
manufacturer's recommendations
(d) Contracted barges with current certificates
(e) Prearranged shore-based storage capacity
(4) Boats:
(a) Sufficient numbers of trailers, outboard motors
and USCG-reguired safety equipment (life
jackets, lights, etc.)
(b) Types and number of boats appropriate to the
environment of the classification
(5) Records:
(a) Equipment clearly marked for identification
(b) Records supporting claims of ownership, lease,
or subcontract
(c) Complete maintenance records reflecting
condition of the equipment
(6) Other:
(a) Command, control, and communications
-equipment - should be available and adequate to
the planned response
8
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uii'^xuow4C \ a / "us-/ ti t x v j; /,j^
A*
(b) Dispersants and dispersant application
equipment - should be maintained, ready for
use, and adequate to the planned task
(c) Oil-water separators considered for optimizing
storage capacity
(d) Other major equipment to facilitate removal of
• oil from the water or shorelines
(e) Tracking equipment and/or arrangements for
helicopter aviation should be noted
(f) Lighting equipment, generators, etc. should be
available (or arranged for) if the OSRO claims
>- that it can work in darkness
d. Prior to the Coast Guard's visit, the OSRO should check
personnel records and subcontracting or consulting
agreements to verify the number and availability of
trained personnel listed in the application-. Minimum
training should include that required by 29 CFR 1910.120
(HAZWOPER). The numbers of personnel may vary from one
OSRO to another, depending upon unique needs,
classification, and the requirements of major equipment.
However, th^ OSRO may use the following schedule to
estimate the number of trained personnel needed to
• accomplish certain response tasks:
(1) Boats: 2 people per boat
(2) Boom deployment: 2-5 people per 1000* of boom,
depending upon overall height, weather, current,
etc. (probably 2 in harbor environments and 5 in
open ocean or high current)
(3) Skimmers: 1-3 people per skimmer, depending on
configuration and operating requirements
(4) Storage devices: At least 1 person per storage
device
e. The OSRO should be prepared to demonstrate the readiness
of its personnel resources, including the following:
(1) Records should verify that training for oil spill
response is in accordance with the requirements of
29 CFR 1910.120 (HAZWOPER).
(2) The number of trained personnel employed,
subcontracted, or gained through consulting
agreements should equal the resources identified by
the OSRO in the application.
9
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Enclosure (1) to NVICJ[ — y <£
(3) There should be a demonstrated capability to train
sufficient numbers of "surge" personnel in the time
allowed by the response classification for which the
. OSRO has applied.
Section C. CLASSIFICATIONS OF OSROs FOR RESPONSE TO SPILLS IN
VARIOUS ENVIRONMENTS.
1. RIVER AND CANAL ENVIRONMENTS.
The minimum standards for classifying OSROs for planned
response to spills in a rivers and canals environment are
listed below and summarized in table 1. Basic equipment
design parameters for planned response to spills in a rivers
" 6r canals environment are summarized in references (a) and
(b) and will be considered in classifying an OSRO for
response in these environments.
a- Class A - 50 Bbls/dav Recovery
(1) Containment boom: 2,000 feet minimum
(2) Protective boom: 2,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.);
50 Bbls/day of planned recovery capacity
(4) Recovered oil storage: Minimum 100 Bbls of
vcHIJpO* 3>
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tlnciosure (.l) to NV1C <£ — y »
' d. Class D - 3.000 Bbls/dav Recovery
(1). Containment boom: 4,000 feet minimum
(2) Protective boom: 16,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc."):
Minimum 3,000 Bbls/day planned recovery capacity
(4) Recovered oil storage: Minimum 6,000 Bbls of
temporary storage capacity
e. Class E - 6.000 Bbls/dav Recovery
~ (1) Containment boom: 4,000 feet minimum
(2) Protective boom: 22,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 6,000 Bbls/day planned recovery capacity
(4) Recovered oil storage: Minimum 12,000 Bbls of
temporary storage capacity
NEARSHORE OR INLAND ENVIRONMENTS.
The minimum standards for classifying an 0SR0 for planned
response to spills in a nearshore or inland environment are
listed below and summarized in table 1. Basic equipment
design parameters for planned response to spills in a
nearshore or inland environment are summarized In references
(a) and (b) and will be considered in classifying an 0SR0 for
response in these environments.
a- Class A - 50 Bbls/dav Recovery
(1) Containment boom: 2,000 feet minimum
(2) Protective boom: 6,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
50 Bbls/day planned recovery capacity
(4) Recovered oil storage: Minimum 100 Bbls of
temporary storage capacity
b. Class B - 1.250 Bbls/day Recovery
(1) Containment boom: 6,000 feet minimum
(2) Protective boom: 6,000 feet minimum
11
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LllUiUSUXC » A ; UW IHiK
*
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 1,250 Bbl/day planned recovery capacity.
(4), Recovered oil storage: Minimum 2,500 Bbls temporary
storage capacity
c. Class C - 10.000 Bbls/day Recovery
(1) Containment boom: 12,000 feet minimum
(2) Protective boom: 12,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum planned recovery capacity of 10,000 Bbls/day
• ht
(4) Recovered oil storage: Minimum 20,000 Bbls
temporary storage capacity
d. Class D - 20.000 Bbls/dav Recovery
(1) Containment boom: 18,000 feet minimum
(2) Protective boom: 18,000 feet minimum
(3) Oil reqovery equipment (skimmers, vacuums, etc.):
Minimum planned recovery capacity of 20,000 Bbls/day
(4) Recovered oil storage: Minimum 40,000 Bbls
temporary storage capacity
e* Class E - 40.000 Bbls/dav Recovery
(1) Containment boom: 24,000 feet minimum
(2) Protective boom: 24,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum planned recovery capacity of 40,000 Bbls/day
(4) Recovered oil storage: Minimum 80,000 Bbls of
temporary storage capacity
GREAT LAKES ENVIRONMENT.
The minimum standards for classifying an OSRO for planned
response to spills in a Great Lakes environment are listed
below and summarized in table 1. Basic equipment design
parameters for planned response to spills in a Great Lakes
environment are summarized in references (a) and (b) and will
be considered in classifying an OSRO for response in this
environment.
a- Class A - 50 Bbls/day Recovery
12
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Enclosure (1) to NVIC J "92
(1) Containment boom: 2,000 feet minimum
(2). Protective boom: 6,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
50 Bbls/day planned recovery capacity
(4) Recovered oil storage: Minimum 100 Bbls of
temporary storage capacity
Class B - 1.250 Bbls/day Recovery
(1) Containment boom: 6,000 feet minimum
(2) Protective boom: 6,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 1,250 Bbl/day planned recovery capacity.
(4) Recovered oil storage: Minimum 2,500 Bbls temporary
storage capacity
Class C - 5.^000 Bbls/day Recovery
(1) Containment boom: 12,000 feet minimum
(2) Protective boom: 12,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc-.);
Minimum planned recovery capacity of 5,000 Bbls/day
(4) Recovered oil storage: Minimum 10,000 Bbls storage
capacity
Class D - 10.000 Bbls/dav Recovery
(1) Containment boom: 18,000 feet minimum
(2) Protective boom: 18,000 feet minimum
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum planned recovery capacity of 10,000 Bbls/day
(4) Recovered oil storage: Minimum 20,000 Bbls
temporary storage capacity
Class E - 20.000 Bbls/dav Recovery
(1) Containment boom: 24,000 feet minimum
(2) Protective boom: 24,000 feet minimum
13
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(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum planned recovery capacity of 20,000 Bbls/day
(4) Recovered oil storage: Minimum 40,000 Bbls of
• temporary storage capacity
OFFSHORE AND OPEN OCEAN ENVIRONMENTS.
The minimum standards for classifying an 0SR0 for planned
response to spills in an offshore or open ocean environment
are listed below and summarized in table 1. Basic equipment
design parameters for planned response to spills in an
offshore or open ocean environment are summarized in
references (a) and (b) and will be considered in classifying
an OSRO for response in these environments.
*
a. Class A - 50 Bbls/dav Recovery
(1) Containment boom: 4,000 feet minimum
(2) Protective boom: 6,000 feet minimum for offshore
environment, none for open ocean
(3) Oil recovery equipment (skimmers, vacuums, etc.):
50 Bbls/day planned recovery capacity
«.
(4) Recovered oil storage: Minimum 100 Bbls of
temporary storage capacity
b. Class B - 1.250 Bbls Recovery
(1) Containment boom; 8,000 feet minimum
(2) Protective boom: 8,000 feet minimum for offshore
environment, none for open ocean
(3) Oil recovery equipment" (skimmers, vacuums, etc.):
Minimum 1,250 Bbls/day recovery capacity (half the
planning volume)
(4) Recovered oil storage: Minimum 2,500 Bbls of
temporary storage capacity
c- Class C - 10.000 Bbls/dav Recovery
(1) Containment boom: 12,000 feet minimum
(2) Protective boom: 12,000 feet minimum for offshore
environment, none for open ocean
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 10,000 Bbls/day planned recovery capacity
14
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Enclosure (1) to nvic j, Qg
(4) Recovered oil storage: Minimum 20,000 Bbls/day of
temporary storage capacity
Class D - 20.000 Bbls/day Recovery
(1) Containment boom: 18,000 feet minimum
(2) Protective boom: 18,000 feet minimum for offshore,
environment, none for open ocean
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 20,000 Bbls/day recovery capacity
(4) Recovered oil storage: Minimum 40,000 Bbls of
temporary storage capacity
Class £ - 40.000 Bbl/dav Recovery
(1) Containment boom: 24,000 feet minimum
(2) Protective boom: 24,000 feet minimum for offshore
environment, none for open ocean
(3) Oil recovery equipment (skimmers, vacuums, etc.):
Minimum 40,000 Bbls/day recovery capacity
¦H,
(4) Recovered oil storage: Minimum 80,000 Bbls of
temporary storage capacity
15
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TABLE 1
RESOURCE OPANTITY HIMIHUHS FOR OSRO CLASSIFICATION*
CLASSIFICATION =>
CLASS A ,
CLASS B
t
CLASS C
CLASS D
CLAgS E
RESOURCE CATEGORY BY ENVIRONMENT
Containment Booa/Frotcctive Boom
(Thousand Feet)
•
Rivers and Canals
2/2
4/4
4/10
4/16
' 4/22
Nearshore, Inland
2/6
6/6
12/12
18/18
, 24/24
Great Lakes
2/6
6/6
12/12
18/18
24/24
Offshore
4/6
8/8
12/12
18/18
24/24
Open Ocean**
4/
8/
12/
18/ '
24/
Effective Daily Recovery Cepacit
ies (Barrels per
day) ('%
required to be Shallow Draft Capable)
***
Rivers and Canals (20%)
50
1,250
1,500
3,000
6,000
Nearshore, Inland (20%)
50
1,250
10,000
20,000
40,000
Great Lakes (20%)
50
1,250
5,000
10,000
20,000
Offshore (10%)
50
1,250
10,000
20,000
40,000
Open Ocean (None)
50
1,250
10,000
20,000
40,000
Oil Storage Capacity (Barrels)
(% required to be Shallow
Draft Capable)***
12,000
Rivers and Canals (20%)
100
2,500
3,000
6,000
Nearshore, Inland (20%)
100
2,500
20,000
40,000
80,000
Great Lakes (20%)
100
2,500
10,000
20,000
40,000
Offshore (10%)
100
2,500
20,000
40,000
80,000
Open Ocean (None)
100
2,500
20,000
40,000
80,000
* See Enclosure (I) to NVICs 7-92 or 8-92 for a complete description of resource requirements Cor response
planning.
** Protective Boom not required for Open Ocean environments.
*** Shallow draft minimums refer to requirements that a certain minimum portion of equipment be capable of
operating in water depths of 6 feet or less. Note that response planning for AMPD and MMPD size
spills requires that all equipment be capable of operating in the applicable environment.
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, — ~ &
Appendix A
RECOMMENDED APPLICATION FORMAT FOR CLASSIFICATION AS AN
OIL SPILL REMOVAL ORGANIZATION (OSRO)
Name of OSRO:
Primary Contact: Telephone #:( )
Facsimile #:( )
Mailing Address:
Location, as defined in section 2, paragraph I.e. of enclosure
(1), for which classification is sought:
Latitude ° 1 North
Longitude ° " West
Using the inventory and equipment worksheets, provide the
following information for each response location:
BOOM SUMMARY: (total feet of boom with compatible connectors)
Under
Containment boom: Owned Contract
6-18" River, harbor ft ft
18-42" Nearshore ft ft
>42" Ocean _ ft ft
Protective boom:
6-18" River, harbor ft ft
18-42" Nearshore ft ft
PERSONNEL SUMMARY: For each category at this location, list the
number of personnel with HAZWOPER training who are: full-time
employees or available through, subcontract or consulting
agreement.
Supervisors Full Time: Part Time:
Technicians/Operators Full Time: Part Time:
Support/General Labor Full Time: Part Time:
i
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EFFECTIVE DAILY RECOVERY CAPACITY available at this location:
Shallow Water Capable: BPD. Total: BPD.
TEMPORARY STORAGE CAPACITY available at this location:
Shallow Water Capable: BPD. Total: BPD.
BOATS: The number and type of vessels for use in oil spill
response, in each environment for which classification is sought,
should be listed in the order of increasing size (i.e., length,
displacement, etc).
-• Ac
REMARKS: Include any comments including limitations on the
availability or use of the above equipment. Equipment contracted
for but not yet delivered could be identified here and the
contracted delivery date noted.
SIGNATURE AND UNDERSTANDING REGARDING INSPECTION BY COAST GUARD
PERSONNEL: An officer or senior official of the OSRO should
include a signed statement with the application, attesting to the
validity of the information provided. Coast Guard personnel may
visit the OSRO and verify that the resources listed in the
application exist as represented.
ii
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OIL SPILL REMOVAL ORGANIZATION
CLASSIFICATION WORKSHEET:
MECHANICAL RECOVERY SYSTEMS 1
Thla »orkih««t auaaarltae the oil recovery capabllltlaa of ill OSRO at a particular location. A recover* ifiUn lncludee aklaaera or
vacuua ayataaa, Including compatible puapa, powtr pack*, boats, hoaaa. etc. naeaaaary for the ayataa to recover oil. Llat all operable
ayataaa otmad by four organltatlon by location. The Hating ahould ahow aufflclent equlpaent to aupport tha clala of total recovery
capacity. for Syatea Recovery lata (9RR), uaa tha throughput rata In Oallona Par Hlnuta (OPM) for tha coaplate ayataa aa Halted by
available hoaaa, puapa, connectora, ate. ualng aanufacturere data whenaver approprlata. To calculata Total Effective Dally Recovery
Capacity (TEDRC) . uae the foraula llatad In aectlon 6.2 of appendix ft to encloe'ire (1) of HVlCa 7-92 or 8-9J. If you uae the
alternative aathod llatad In aactlon 6.3 of that >aia referancaa, include tha Information required by aectlon 6.5. Hat. the nuabar of
trained paraonncl required to oparata aaeh ayatea. Llat tha aaount of recovery capacity capable of operating In water depthe of al«
i p
feat or leaa.
W
3
0
H
o
a
c
H
®
rt
0
O
(j.
M-
H-
TTP*
DESCRIPTION or STSTEN (Include Make. Hodel of all aajor coaponanta)
3RR
I OPH)
mm i vessel-nourted bow skinner
2 VESSEL-NOURTED BIDE SKINNER
3 BWEEPIRO SOON/OIL TRRVL STSTEN
4 OLEOPHILIC DISK OR DRUM
5 OLEOPHILIC ROPE, HOP OR BELT
6 PL0AT1R0 SUCTION (Llat vacuua trucka It applicable)
7 IRCLIHBD PLftRB
8 PADDLE WHEEL
9 OTHER
TEDRC
(Bbla)
TOTRLS
• of
Syataaa
LRROR:
Skilled/
Onaklllad
Shallow
Water
Capable?
K>
\
£0
-------
OIL SPILL REMOVAL ORGANIZATION
CLASSIFICATION WORKSHEET:
TEMPORARY STORAGE SYSTEMS
This form •u«*irtic> the temporary storage capabilities of an OSRO. Storage ayataaa Include bladders. Inflatable btr;<«. tank bars**,
lined hopper bargee, tanke, etc. Note: Reeponee Plana'require a certain percentage of atorage systeea to be shallow water capable.
Therefore, the a>ount that la ahallow water capable should ha noted.
OIL irOUUX «TBTD«
TtH
&SSCR1PTIOR or STORftOK 8YST«M (location if flsad site)
Capacity
Shallow
Vatar
Capable?
/»•
•bis
•bis
able
•bla
¦bla
•bla
•bis
¦bis
•bla
¦bla
•bla
¦bla
•bla
•bla
TYPES: 1 Oracone or Bladder
2 Portable Tank
3 large
4 Internal Tanks on Vessel
5 Other
TOTAt
•bla
I
-------
U.S.D«portm«nt
of Transportation
Unltad States
Coast Guard
Memorandum
subject: EPA REGION VII - OSROS o.t.: 2 NOVEMBER 1995
From: DRATEE
to: CDR SCHAFERSMAN
Reply to
Attn of: FRED NIERMANN
X484
Via:
1. The following Oil Spill Response Organizations (OSROS) are
actually located in EPA Region VII:
OSRO-104
CLASS D: R/C
Haz-Mat Response, Inc.
1203C South Parker
Olathe, KS 66061
POC: John Stockdale
(800) 229-5252
0SR0-116
Class A: R/C
C & C EnviroKlean, Inc
25 East Quindaro Blvd.,
P. 0. Box 15176
Kansas City, KS 66115
POC: Bruce Crabtree
(913) 342-3372
2. The following Oil Spill Response Organizations (OSROS) will
provide services in EPA Region VII:
OSRO-002
*CLASS D: R/C,* CLASS C: I/N
Ken's Marine Service
P. 0. Box 4001
116 E. 22nd Street
Bayonne, NJ 07002
POC: Dave Poesl
(201) 339-0673
OSRO-003
~CLASS E:R/C; E: I/N; E: G/L
Marine Pollution Control
8631 West Jefferson
Detroit, MI 48209
POC: David Usher
(313) 849-2333
-------
OSRO-OIO
*CLASS B: R C; CLASS B: I/N
Acme Products Company
2666 N. Darlington
Tulsa, OK 74115
POC: L. H. Stanfield
(918) 836-7184
OSRO-016
*CLASS E: R/C; E: I/N E: 0/00
National Response Corportion
P. 0. Box 609
Calverton, NY 11933
POC: Don Toeshoff
(516) 369-8644
OSRO-021
CLASS A: R/C
Triad Industries, Inc.
1600 Madison Avenue
P.O. Box 1262
South Roxana, IL 62087
POC: Ronald Weber
(618) 251-4116
OSRO-014
*CLASS E:R/C; CLASS E:I/N: E:G/L
E & K Hazardous Waste/
Superior Environmental
Services, Inc.
Sheboygan, WI 53082
POC: Chris Hohol
(414) 458-6030
OSRO-017
*CLASS E: R/C; CLASS E: I/N
Riedel Environmental Services
14101 Old Gentilly Road
New Orleans, LA 70129
POC: Robert George
(504) 254-3600
OSRO-022
*CLASS E: R/C; E: I/N; E: 0/00
Marine Spill Response Corp.
1350 I Street NW Suite 300
Washington, DC 20005
POC: Gary Crowden
(202) 408-5909
OSRO-023
*CLASS E: R/C; E: I/N; D: 0/00
Industrial Cleanup Inc & Gulf
Associated Gulf Coast Responders
1213 River Road
Westwego, LA 70094
POC: Joseph Smith
(504) 436-0883
OSRO-024
*CLASS E: R/C; CLASS E: I/N
Larco Environmental Services
P. 0. Box 6237
Lake Charles, LA 70606
POC: Charles Keenan
(318) 474-3660
OSRO-027
*CLASS E: R/C; C: I/N
Garner Environmental Services, Inc
314 Allen Genoa Road
Houston, TX 77017
POC: Nelson Fetgatter
(713) 920-1300
-------
OSRO-048
*CLASS E: R/C; CLASS E: I/N
Cliff Berry, Inc.
P. O. Box 13079
Fort Lauderdale, FL 33316
POC: Cliff Berry II
(305) 763-3390
OSRO-051
*CLASS A: R/C
International Techology Corporation
P. 0. Box 1256
336 West Anaheim Street
Wilmington, CA 90744
POC: Roland Carey
(310) 830-1781
OSRO-055
*CLASS A: R/C; CLASS A: I/N -
Contractor Environmental Equipment Co.
P. 0. Box 1352
Paducah, KY 42002-1352
POC: Pete Parker
(502) 898-4052
OSRO-069
*CLASS E: R/C; C: I/N; C: G/L
OHM Redediation Services Corp.
16406 U. S. Route 224 East
Findlay, OH 45839-0551
POC: John Boes
(419) 423-3526
OSRO-075
*CLASS C: R/C; B: I/N; B: G/L
Weavertown Environmental Group
206 Weavertown Rd.
Canonsburg, PA 15317
POC: William Burket
(412) 746-4850
OSRO-099
CLASS B: R/C; CLASS A: I/N
Ferguson Harbor Incorporated
340 Rockland Road
Hendersonville, TN 37075
POC: Jimmy Spicer
(800) 822-3295
-------
OSRO-102
CLASS B: R/C; CLASS A: I/N
American Pollution Control
130 East Kaliste Saloom Rd.
Lafayette, LA 70508
POC: Kirk Headley
(800) 299-3483
OSRO-103
CLASS C: R/C; CLASS B: I/N
L & L Environmental Svcs, Inc.
5117 Highway 90 East
Lake Charles, LA 70601
POC: David Zachary
(318) 436-6385
Final Classification indicated by an asterick *
Abbreviations used: R/C - River/Canal; I/N - Inland/Nearshore;
G/L - Great Lakes; 0/00 - Offshore/Open Ocean; POC - Point of
Contact CP0 Mike Jakway (919) 331-6000 ext. 3029.
FRED NIERMANN
DRATEE
-------
APPENDIX C.2
EPA/USCG
RESPONSE BOUNDARIES
-------
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-------
, Figure 1a
National Response System Concepts: Response
National Response Team
section 300.110
Incident Occurs
Nollficallon
National
Response
Center
Notification
Natural
Resource
Trustees
OSC/RPM
Noiltlcatlon
Federal
Assistance
Required?
OSC/RPM
Regional Response Team
« action 300.115
/Initial Assessmenl/Flrst Response\
-W Federat/Slate/Locat/RP )
\ Notification/Response Measures J
\^as per section 300.180
No
State/LocaWIP
Response
Special Forces
section 300.145
NSF
This Includes local representation a* well.
Resources available to support the OSC/RPM upon request.
(Unllled Command Structure, as developed by
the Area Committee)
ssc
NPFC
DRQ
SUPSAIV
3=
w
p
o
N
03
3
•I
<5
0
r
»-•
M
u»
E.
<*
w
6
a.
W
hi
to
en
-------
Figure 1b
National Response System Concepts: Planning
NRT
* 13 RRTs for Standard Federal Regions l-X
(mainland); Caribbean, Oceania {Pacific
Dasln), A Alaska
USCQ
(vice
chair)
Comm.
FEMA
<© l I <®>
Nuc.
Reg,
Co mm
COfftTNlM
USCG
Dlslricl(s)
(co-chalr)
USDA
(co-chalr)
State(s) ~
Ml
LEPCa
1RRT serves as iho Area
Committee lor Inland areas
nol covered by a separata
Area Committee, unless a
separate Area Committee Is
designated by the Regional
Administrator (57 FR 15198).
Source* of Input and Guidance to Area Committee*
Government
(sec. 300.145)
Non-Govemment
(57 FR 15198)
Strike Teams
NPFC
ERT
RERT
DRO
DRAT
SSC
PIAT
SUPSALV
Facility and vessel owners/operators2
Shipping company represenlallves
Cleanup contractors
Emergency planning and response officials
Marine pilot associations
Members of acadomla
Environmental advocacy groups
Response organizations/officers,
Citizens
2 Federal laws (e.g., CWA Sec.
3110(5). Clean Atr Act Sec. 112(r),
OSHA (Process safety regulations)
require facility owner/operators to
prepare a response plan.
Additional description Is found In
Section 300.211.
-------
47428 Federal Register / Vol. 59, No. 178 / Thursday, September 15, 1994 / Rules and Regulations
O)
o
ill
Ol
a
BILLMQ CODE ItMMSO-C
(3) The USCG District boundaries are
shown in the following Figure 3:
mujwq cooe tseo so p
-------
—1
fll
17th District
Juneau
13th District
Seattle
W
UT
CA
11th District
Long Beach
Pacific Area
San Francisco
° O
14th District
Honolulu
HI
Guam
Noufctm Mtitona Ittendt
Pacific Wand Qovcmnwita
AitMrican Samoa
0
Figure 3
U.S. Coast Guard Districts
Atlantic and Pacific Area Commands
9th District
Cleveland
fit District
Boston
Atlantic Area
NewYork
mn l wi
2nd District
St. Louis
5th District
Portsmouth
8th District
New Orleans
7th,District
Miami
Puerto Rtoo
Virgin Islands
-------
APPFNDTX C 1
OTHER REMOVAL
CONTRACTORS
-------
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CONTRACT RESPONSE COMPANIES FROM REGION 7 FACILITY RESPONSE PLANS Page I
, Contractor
Street
City
State
Zip
Code
Telephone
Fas
24-hour Tel.
Acme Products
2666 N Darlington
Tulsa
OK
74115
(918) 836-7184
(918) 836-9197
(918)836-7184
Albert Hogoboom Oil Field Trucking
Service
El Dorado
KS
(316) 321-1397
(316) 321-9934
Allwaste Environmental
(319) 243-7951
Banks Construction Company
El Dorado
KS
(316)321-3184
(316) 321-6621
Bay West, Inc.
St Paul
MN
(612) 291-0452
(800) 279-0456
CC Enviroklean, Inc.
25 E. Quindaro Boulevard
Kansas City
MO
(913) 342-3372
(913)621-6885
(800) 643-1300
Clean 11arbor Services Environmental
Quincy
MA
Construction Technology &
Remediation
P.O. Box 160
Leaf River
IL
61047
(800) 537-9540
Contractor Environmental Equipment,
Inc.
P.O. Box
Paducah
KY
(502) 898-4052
D & P Tank Services, Inc.
P.O. Box 522
610 W. Oak
Fairfax
OK
74637
(918)642-3258
(918)642-5207
EmTech
312 S. Richey
Pasadena
TX
(713) 478-4314
(800) 336-0909
Enviromark Corporation
422 Pershing Ave.
Davenport
IA
52801
(319) 323-0616
(319)323-1332
(800) 368-3662
Environmental Specialist, Inc.
3001 E. 83rd Street
Kansas City
MO
64132
(816) 523-5081
(816) 523-6878
Gamer Environmental Services
314 Allen Genoa
Houston
TX
(713)920-1300
Greensburg Oilfield Services
P.O. Box 816
Greensburg
KS
67054
(800) 794-7806
NOTE: This is a list of response companies under contract to the 55 sites in Region 7, required to submit a Facility Response Plan per 40 CFR 122. USEPA docs
NOT in anyway endorse the listed companies, this is for informational purposes only, and may give some idea of locations of possible clean up equipment.
-------
CONTRACT RESPONSE COMPANIES FROM REGION 7 FACILITY RESPONSE PLANS Page 2
Contractor
Street
City
State
Zip
Code
Telephone
Fax
24-hour Tel.
Haz-Mat Response, Inc.
1203CS. Parker
Olathe
KS
66061
(913)782-5151
(913)782-6206
(800) 229-5252
Heritage Remediation/Engineering, Inc.
183 McDonnell Blvd.
St. Louis
MO
63042
(314) 521-3600
(314)731-3922
(800)487-7455
Heritage Remediation/Engineering, Inc.
1319 Marquette Dr.
Romeoville
IL
60441
(708) 378-1600
(708) 382-2200
(800)487-7455
Heritage Remediation/Engineering, Inc.
4925 Heller Ave.
Louisville
KY
40218
(502) 473-0638
(502)473-0173
(800)487-7455
Heritage Remediation/Engineering, Inc.
P.O. Box 51020
Indianapolis
IN
43251
(317) 243-7475
(317) 243-2046
(800)487-7455
Heritage Remediation/Engineering, Inc.
5656 Opportunity Dr.
Toledo
OH
43612
(419) 478-4396
(419) 478-4560
(800) 487-7455
I Iulcher Environmental Management
Resources
(402)438-4101
L. G. Pike
P.O. Box 912
Arkansas City
KS
(316) 442-9150
Marine Pollution Control Coiporation
Detroit
Ml
(800) 521-8232
Metro St. Louis Oil Coop
St. Louis
MO
(314)421-3962
Miles Environmental, Inc
20207 163rd ST
Basehor
KS
(913)724-2292
National Response Corp.
Chicago
IL
(800) 899-4672
OH Materials
(419) 423-3526
OHM Remediation Service Corp.
16406 US Route 224 E
Findlay
OH
(800)537-9540
Riedel Environmental Services
Deer Park
TX
(713)479-5295
Riedel Environmental Services
5233 N. Pearl St.
Rosemont
IL
60018
(708) 671-0061
(800) 334-0004
Riedel Environmental Services
910 SW Spokane St.
Seattle
WA
98134
(206)382-1655
(800) 334-0004
NOTE: This is a list of response companies under contract to the 55 sites in Region 7, required to submit a Facility Response Plan per 40 CFR 122. USEI'A does
NOT in anyway endorse the listed companies, this is for informational purposes only, and may give some idea of locations of possible clean up equipment.
-------
CONTRACT RESPONSE COMPANIES FROM REGION 7 FACILITY RESPONSE PLANS Page 3
Contractor
Street
City
State
Zip
Code
Telephone
Fax
24-hour Tel.
Riedel Environmental Services
P.O. Box 030%
Portland
OR
97208
(503) 286-4656
(800) 334-0004
Riedcl Environmental Services
28340 Goddard Rd.
Romulus
MI
48174
(313) 946-8640
(800) 334-0004
Riedel Environmental Services
4975 Paris St.
Denver
CO
80239
(303) 373-4440
(800) 334-0004
Riedcl Environmental Services
1950 Normandie Ave.
Torrance
CA
90502
(310) 372-4428
(800) 334-0004
Riedel Environmental Services
14101 Old Gentilly Rd.
New Orleans
LA
70129
(504) 254-3600
(800) 334-0004
Riedel Environmental Services
18207 Edison Avenue
Chesterfield
MO
63005
(314) 532-7660
(800) 334-0004
Rust Industrial Cleaning Services
704 Hubbard Rd.
Ponca City
OK
74601
(405)782-4111
(405) 762-4828
Site Response Services, Inc.
15410 W. Center Rd
Omaha
NE
68144
(402) 334-7533
The Kiesel Company
4801 Flyer Avenue
St. Louis
MO
63116
(314)351-5500
(314) 351-0894
(314)421-0328
Triad
P.O. Box 1262
1600 Madison Ave.
South Roxana
IL
(618)251-4116
NOTE: This is a list of response companies under contract to the 55 sites in Region 7, required to submit a Facility Response Plan per 40 CFR 122. USEPA does
NOT in anyway endorse the listed companies, this is for informational purposes only, and may give some idea of locations of possible clean up equipment.
-------
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-------
APPENDIX C.4
EPA
RESPONSE TEAMS
AND
EQUIPMENT
-------
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-------
RESPONSE TEAMS AND EQUIPMENT
FOR RESPONSE/DIASTER
EPA can provide two (2)-person teams within four hours of notification, with additional teams to
follow. Each team will consist of the following personnel and equipment:
1. Senior OSC and one junior OSC or START contractor or two START contractors,
2. List of Minimum equipment needed for 2 person response:
- Personal Equipment (see additional list)
- Monitoring Equipment:
a. OVCGI meter with Calibration Gas
b. Colormetric Indicator Tube Set
c. Multi-range pH paper
d. Oxidizer test strips
e. Peroxide test strips
f. HNu or OVA if available
g. Spare batteries
- 35mm camera with extra batteries and 6 rolis of film
- Area Road Maps/County Maps/Topographic Maps
- Banner Guard
- Trash Bags
- Several VOA
- Several 8-ounce jars
- Portable Tape Recorder with spare batteries
- Reference Material:
1. DOT Guidebook
2. NIOSH Pocket Guide
3. START Response Guide
4. RRT Regional Directory
5. Other appropriate books (AAR, ERG, Farm Chemical Handbook)
6. Log Books (several)
-------
7. Lap top computer with CAMEO System if available
- Personal Protective Equipment
a. (2) SCB As with 4 extra tanks
b. APR with Cartridges
c. (2) Responder Encapsulating B suits
d. (4) Tyvek suits
e. (6) Coated Tyvek suits (saranex)
f. (20) pair mixed gloves
g. (1) box inner gloves
h. (10) pair disposable booties
- (2) Flashlights with spare batteries
- Chemical light sticks
- (6) rolls duct tape
- Paper, pens (to include safety plans, field sheets, log books)
- START/EPA Identification !!!
- (2) Two-way radios with charging units
- First Aid Kit
- (10) Sample Spoons
- (10) Thieving Rods
- Dust Masks
- Hand Tools
- Estimated weight and volume of response equpment: 600 lbs. and 300 cu.ft.
3. Personal Equipment List - New Madrid Response
- Response Bag
-APR
- Hard Hat
-------
- Steel toed chemical boots
- Steel toed leather boots
- 2-pair coveralls and 1 pair nomex coveralls
- *Cold Weather Response
a. Insulated Coveralls
b. Insulated Underwear
c. Insulated Boots
d. 4-pair heavy socks
e. Winter coat with hood
f. Gloves or mittens
g. Stocking cap
- Personal Equipment
Each person should bring enough personal items to sustain a response of (7) days minimum.
- Sleeping bag
- Food and water supply for 72 hours
-------
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-------
APPENDIX D
LISTING
OF
CONTACTS
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX D.l
STATE EMERGENCY
RESPONSE COMMISSION'S
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
Region VII SERCs
IOWA Mr. Will Zitterich, Chair
Iowa Emergency Response Commission
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
Tel. (515)239-1396
Fax. (515)239-1005
KANSAS Mr. Robert Baird, Chair
Kansas Emergency Response Commission
General Motors Fairfax Plant
3201 Fairfax Traffic way
Kansas City, KS 66115-1307
Tel. (913)573-7303
Fax (913) 573-7862
MISSOURI Mr. Stephen Paulsell, Chair
Missouri Emergency Response Commission
Boone County Fire Protection District
1520 Business Loop 70 West
Columbia, Missouri 65202
Tel. (573) 874-7455
Fax (573)445-3176
NEBRASKA Major General Stanley M. Heng, Chair
Nebraska Emergency Response Commission
1300 Military Road
Lincoln, Nebraska 68508-1090
Tel. (402)471-7100
Fax (402)471-7171
' REVISION ONE 12/96
-------
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-------
APPENDIX D.2
LOCAL EMERGENCY
PLANNING COMMITTEE'S
-------
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-------
IOWA LOCAL EMERGEMCY
PLANNING COMMISIONS
PAGE 1
Marvin Ford, LEPC Chair
Jill Randolph, LEPC Chair
Craig Scott, LEPC Chair
Board of Supervisors
Emer. Management Agency
Emergency Management Agency
ADAIR COUNTY Courthouse
Sheriffs Office
DAVIS COUNTY
P.O. Box 196
CEDAR COUNTY Courthouse
P.O. Box 184
Greenfield, Iowa 50849
Tipton, Iowa 52772
Bloomfield, Iowa 52537 -
Brian Kaunas, LEPC Chair
William G. Hurd, LEPC Chair
William Ballantyne, LEPC Chair
Emergency Management Agency
Board of Supervisors
Board of Supervisors
ADAMS COUNTY
CHEROKEE COUNTY
DECATUR COUNTY
1007 - 7th Street
Courthouse
Courthouse
Coming, Iowa 50841
Cherokee, Iowa 51012
Leon, Iowa 50144
Neil Becker, LEPC Chair
Ken Rasing, LEPC Chair
Bob Clemen, LEPC Chair
Sheriffs Office
Emergency Management Agency
Board of Supervisors
ALLAMAKEE COUNTY
CHICKASAW COUNTY
DELAWARE COUNTY
Courthouse, 110 Allamakee St.
Box 214
Courthouse
Wakon, Iowa 51272
New Hampton, Iowa 50659
Manchester, Iowa 52057
Rick Butler, LEPC Chair
Allan Mathias, LEPC Chair
Mike Hartman, LEPC Chair
APPANOOSE COUNTY
CLARKE COUNTY Courthouse
Emergency Management
510 W. Maple Street
100 S. Main
DES MOINES COUNTY
Centerville, Iowa 52544
Osceola, Iowa 50213
512 N. Main
Burlington, Iowa 52601
Ken Popenhagen, LEPC Chair
Gary Stover, LEPC Chair
BENTON COUNTY Sheriffs
CLAY COUNTY
Lynn Wallace, LEPC Chair
Office
115 W. 13th St.
Emergency Management Agency
3035 - 69th St
Spencer, Iowa 51301
DICKINSON COUNTY
Atkins, Iowa 52206
1740- 160th St
Owen Pufahl, LEPC Chair
Spirit Lake, Iowa 51360
Ed Knight, Chief
Emergency Management Agency
Boone Fire Dept.
CLAYTON COUNTY
Robert Gooch, LEPC Chair
BOONE COUNTY
322 N. 1st St.
Central Fire Headquarters
923 8th Street
Guttenberg, Iowa 52052
DUBUQUE COUNTY
Boone, Iowa 50036
11 W. 9th St.
Ross Spooner, LEPC Chair
Dubuque, Iowa 52001
Steve Reuter, LEPC Chair
Board of Supervisors
Board of Supervisors
CLINTON COUNTY
Roger Anderson, Chair
BREMER COUNTY
Courthouse, P.O. Box 2957
Board of Supervisors
Courthouse, 415 E. Bremer
Clinton, Iowa 52733-2957
EMMET COUNTY Courthouse
Waverly, Iowa 50677
221 W. N. 4th Street
LeRoy A. Hanson, Chair
Estherville, Iowa 51334
Leo Donnely, LEPC Chair
Board of Supervisors
Board of Supervisors
CRAWFORD COUNTY
Wallace Rundle, LEPC Chair
BUCHANAN COUNTY
Courthouse
FAYETTE COUNTY
P.O. Box 317
Denison, Iowa 51442
200 W. Charles St.
Independence, Iowa 50644-0317
Oelwein, Iowa 50662
Bob Lacy, LEPC Chair
Timothy Junker, LEPC Chair
DALLAS COUNTY, Box 97
Keith Hickey, LEPC Chair
Sheriffs Office
Van Meter, Iowa 50261
Board of Supervisors
BUTLER COUNTY, 428 - 6th
FREMONT COUNTY
St.
Courthouse
Allison, Iowa 50602
Sidney, Iowa 51652
-------
IOWA -LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 2
D Sheridan Roberts
LEPC Chairman
GRUNDY COUNTY
705 - 8th St.
Grundy Center, Iowa 50638
Jerry Caraher, LEPC Chair
c/o Steve Patterson
GUTHRIE COUNTY, Emerg.
Mgt.
Courthouse, 200 N. 5th St.
Guthrie Center, Iowa 50115
Lvle Jeske, LEPC Chair
HARDIN COUNTY
2006 12th Ave., #22
Eldora, Iowa 50627
Jim Unruh, LEPC Chair
Emergency Managment Agency
HARRISON COUNTY
116 N. 2nd Ave.
Logan, Iowa 51546
Ed Farley, LEPC Chair
Emergency Mangement Agency
HENRY COUNTY
2200 E. Monroe
Mt. Pleasant, Iowa 52641
James Kovarik, LEPC Chair
Emergency Mangement Agency
HOWARD COUNTY
Courthouse
205 E. 2nd
Cresco, Iowa 52136
Richard J. Madsen, LEPC Chair
Emergency Mangement Agency
IDA COUNTY Courthouse
401 Moorehead
Ida Grove, Iowa 51445
Alan Husband, LEPC Chair
Emergency Mangement Agency
IOWA COUNTY
132 W. Marion
Marengo, Iowa 51301
Buddy Olson, LEPC Chair
Emergency Management Agency
JACKSON COUNTY
16211 175th St.
Maquoketa, Iowa 52060
Marlys DeVries, LEPC Chair
Emergency Mangement Agency
JASPER COUNTY
County Courthouse, Rm 108
Newton, Iowa 50208
Ron Prill, LEPC
Emergency Management
JEFFERSON COUNTY
1005 S. 5th
Fairfield, Iowa 52556
Kerry Fitzpatrick, LEPC Chair
JOHNSON COUNTY
2200 Lower Muscatine Rd.
Iowa City, Iowa 52240
Jim McGinley, LEPC Contact
Emergency Mangement Agency
JOHNSON COUNTY
P.O. Box 169
Iowa City, Iowa 52244
Alan Willman, LEPC Chair
Emer. Mangagement Agency
JONES COUNTY Courthouse
Anamosa, Iowa 52205
Dianna DeSotel, LEPC Secretary
Emergency Mangagement
Agency
JONES COUNTY Courthouse
Anamosa, Iowa 52205
Larry Smith, LEPC Chair
Emergency Management Agency
KEOKUK COUNTY
P.O. Box 273
Sigoumey, Iowa 52591
Robert Clark, LEPC Chair
Emergency Management Agency
LEE COUNTY, City Hall
P.O. Box 240
Fort Madison, Iowa 52627
Vem Bagley, LEPC Chair
Cedar Rapids Fire Dept.
LINN COUNTY
222 3rd St., NW
Cedar Rapids, Iowa 52405
Lynn Mincer, LEPC Chair
LOUISA COUNTY
Columbus Jet., Iowa 52738
Richard Arnold, LEPC Chair
Board of Supervisors
LUCAS COUNTY Courthouse
Chariton, Iowa 50049
Herb Hage, LEPC Chair
Emergency Management Agency
LYON COUNTY
1894 la. 182 Ave.
Inwood, Iowa 51240
Marvin Shultz, LEPC Contact
Emergency Management
MADISON COUNTY
1008 N. John Wayne Drive
Winterset, Iowa 50273
Billie Nance, LEPC Contact
Emergency Management Agency
MAHASKA COUNTY
Courthouse
Oskaloosa, Iowa 52577
Marvin Van Haaften, LEPC
Chair
Sheriffs Office
MARION COUNTY Courthouse
Knoxville, Iowa 50138
Deanna Neldeberg, LEPC Chair
MARSHALL COUNTY, City
Hall
24 N. Center St.
Marshalltown, Iowa 50158
Vem Knudtson, LEPC Chair
MILLS COUNTY
RR #3, Box 263
Glenwood, Iowa 51534
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IOWA LOCAL EMERGEMCY PLANNING COMMISIONS
PAGE 3
Claire Jomes, LEPC Chair
Emergency Management Agency
MONONA COUNTY
909 7th Street
Onawa, Iowa 51040
Dennis Ryan, LEPC Chair
Auditor's Office,
MONROE COUNTY
Courthouse
AJbia, Iowa 52531
Rick Askey, LEPC Chair
Red Oak Fire Dept.
MONTGOMERY COUNTY
1800 Broadway
Red Oak, Iowa 51566
Norman Smith, LEPC Chair
Biotek Associates
MUSCATINE COUNTY
1110 Robin Road
Muscatine, Iowa 52761
Anne Koontz, LEPC Chair
Emergency Management Agency
O'BRIEN COUNTY
Communications Center
Primghar, Iowa 51245
Byron Lopau, LEPC Chair
Emer. Management Agency
OSCEOLA COUNTY
Courthouse
Sibley, Iowa 51249
Raymond Bryant, LEPC Chair
Emergency Management Agency
PAGE COUNTY, Box 569
Shenandoah, Iowa 50536
Henry Bonsctter, LEPC Chair
City of Cylinder
PALO ALTO COUNTY, Box 86
Cylinder, Iowa 50528
Wayne Schipper, LEPC Chair
City of Le Mars
PLYMOUTH COUNTY
P.O. Box 1130
Le Mars, Iowa 51031
Robert Plath, LEPC Chair
POLK CO. Office Bldg.
1st and Court, Rm 210
Des Moines, Iowa 50309
Jeff Danker, LEPC Chair
Sheriffs Dept.
POTTAWATTAMIE COUNTY
227 S. 6th
Council Bluffs, Iowa 51501
Danny Carroll, LEPC Chair
POWESHIEK COUNTY
244 400th Ave.
Grinnell, Iowa 50112
Lyle Minnick, LEPC Chair
Sheriffs Department
RINGGOLD COUNTY,
Courthouse
109 W. Madison St.
Mount Ayr, Iowa 50854
Jim Cuirie, LEPC Chair
Sac Emerg. Mgmt. Agency
SAC COUNTY
116 S. State, Suite. C
Sac City, Iowa 50583
Bud Whitfield, LEPC Contact
SCOTT COUNTY Courthouse
416 W. 4th Street
Davenport, Iowa 52801
Robert Seivert, LEPC Secretary
SHELBY COUNTY
612 Court Street
Harlan, Iowa 51537
Del Walinga, LEPC Chair
SIOUX COUNTY
410 - 11th Street
Alton, Iowa 51003
Lori Morrissey, LEPC Contact
Emergency Management Agency
STORY COUNTY
900 - 6th Street
Nevada, Iowa 50201
Scott Bums, LEPC Chair
TAMA COUNTY
P.O. Box 34
100 N. Main
Toledo, Iowa 52342
Michael Ware, LEPC Chair
RADA Services
TAYLOR COUNTY
1104 Dodge
Bedford, Iowa 50833
John Coulter, LEPC Chairman
Sheriffs Office .
UNION COUNTY
302 N. Pine
Creston, Iowa 50801
Donald Pool, LEPC Chair
Emergency Management Agency
VAN BUREN COUNTY
P.O. Box 494
Keosauqua, Iowa 52565 -
Dean Gilmer, LEPC Chair
Board of Supervisors
WAPELLO COUNTY Bldg.
102 E. Main St.
Ottumwa, Iowa 52501
Eldon Heaivilin, LEPC Chair
Emergency Mangement Agency
WARREN COUNTY
1015 Angela Drive
Indianola, Iowa 50125
Owen White, LEPC Chair
WASHINGTON COUNTY
Rt. #2
Ainsworth, Iowa 52201
Ralph Alshouse, LEPC Char
WAYNE COUNTY, Box 36
Seymour, Iowa 52590
Howard Ness, LEPC Chair
Emergency Management Agency
WINNESHIEK COUNTY
Route #5
Decorah, Iowa 52101
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IOWA- LOCAL EMERGEMCY PLANNING COMMISIONP
PAGE 4
Gary Brown, LEPC Chair
Emergency Mangement Agency
WOODBURY COUNTY, Box
19
Climbing Hill, Iowa 51015-0019
Neil Griffin, NCREPD Chair
Emergency Management Agency
FLOYD COUNTY
Courthouse, 101 S. Main
Charles City, Iowa 50616
Ray Andrew, REPD Chair
Iowa-Illinois Gas & Electric
P.O. Box 519
Fort Dodge, Iowa 50501
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KANSAS LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 1
Ronald Moore, LEPC
Jody Meyers, LEPC
Mike Burt, LEPC
Chairperson
Chairperson/Coordinator
Chairperson/Coordinator
ALLEN COUNTY Emergency
CHASE COUNTY Emergency
COMANCHE COUNTY Civil
Preparedness
Preparedness
Defense
P.O. Box 433
P.O. Box 628
P.O. Box 16
Iola, Kansas 66749
Cottonwood Falls, Kansas 66845
Coldwater, Kansas 67029
Gary Benjamin, CEM LEPC
Harry Williams, LEPC
Brad Smith, LEPC Chairperson
Chairperson
Chairperson
COWLEY COUNTY LEPC
ANDERSON COUNTY
CHAUTAUQUA COUNTY
Winfield Fire Dept.
Emergency Preparedness
LEPC
817 Fuller
315 Orange Street
215 North Chautauqua
Winfield, Kansas 67156
Gamett, Kansas 66032
PO Box 103
Sedan, Kansas 67361
EldonBedene, CEM LEPC
Susie Pickman, LEPC
Chairperson/Coordinator
Chairperson
Greg Sitton, LEPC Chairperson
CRAWFORD COUNTY Civil
ATCHISON COUNTY LEPC
CHEROKEE COUNTY LEPC
Defense
Courthouse
Alleco Chemical
Box 385
Atchison, Kansas 66002
P.O. Box 247
Anna, Kansas 66712
Galena, Kansas 66739
LEPC Chairperson
Bert Cool, LEPC
BARBER COUNTY LEPC
Gary Rogers, LEPC
Chairperson/Coordinator
Box 64
Chairperson/Coordinator
DECATUR COUNTY
Kiowa, Kansas 67070
CHEYENNE COUNTY
Emergency Preparedness
Municipal Civil Defense
P.O. Box 28
Marvin Leighton, LEPC
P.O. Box 741
Oberlin, Kansas 67749
Chairperson
St. Francis, Kansas 67756
BARTON COUNTY LEPC
Paul Froelich, LEPC Chairperson
P.O. Box 1089
Etheled Marshall, LEPC
DICKINSON COUNTY LEPC
Great Bend, Kansas 67530
Chairperson
P.O. Box 306
CLARK COUNTY LEPC
Enterprise, Kansas 67441
Marvin Rankin,
County Commissioner's Office
LEPC Chairperson/Coordinator
Box 886
Julie Meng, LEPC
BOURBON COUNTY
Ashland, Kansas 67831
C ha irperson/Coordinator
Emergency Preparedness
DONIPHAN COUNTY
312 South Heylman
Pat Pierson, LEPC Chairperson
Emergency Preparedness
Fort Scott, Kansas 66701
CLAY COUNTY LEPC
P.O. Box 247
603 4th St.
Troy, Kansas 66087
LEPC Chairperson
Clay Center, Kansas 67432
BROWN COUNTY LEPC
Mike Russell, LEPC Chairperson
300 E. 11th
Jack Graves, LEPC Chairperson
DOUGLAS COUNTY LEPC
Horton, Kansas 66436
CLOUD COUNTY LEPC
University of Kansas
P.O. Box 603
140A Burt Hall
Jean Plummer, LEPC
Concordia, Kansas 66901
Lawrence, Kansas 66045
Chairperson
BUTLER COUNTY LEPC
George E. Mills, LEPC
Jay Dill, LEPC
323 1/2 North Main
Chairperson/Coordinator
Chairperson/Coordinator
El Dorado, Kansas 67042
COFFEY COUNTY Emergency
EDWARDS COUNTY
Preparedness
Emergency Preparedness
Courthouse, 110 South 6th Street
P.O. Box 184
Burlington, Kansas 66839
Kinsley, Kansas 67547
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KANSAS LOCAL EMERGENCY
PLANNING COMMISIONS
PAGE 2
Janet Lee, LEPC
William Kelly, LEPC
Dave Miller, LEPC Chairperson
Chairperson/Coordinator
Chairperson/Coordinator
HARPER COUNTY LEPC
ELK COUNTY Emergency
GEARY COUNTY Emergency
219 N. Main
Preparedness
Preparedness
Attica, Kansas 67009
P.O. Box 127
826 North Franklin
-
Howard, Kansas 67349
Junction City, Kansas 66441
Rod Compton, LEPC
Chairperson
MikeWerth, CEM LEPC
Ron B.Achilles, LEPC
HARVEY COUNTY LEPC
Chairperson/Coordinator
Chairperson/Coordinator
P.O. Box 687
ELLIS COUNTY Emergency
GOVE COUNTY Emergency
Newton, Kansas 67114
Preparedness
Preparedness
Law Enforcement Center
P.O. Box 146
Marlyn S. Morrison, LEPC
105 West 12th Street
Gove, Kansas 67736
Chairperson
Hays, Kansas 67601
HASKELL COUNTY LEPC
Robert Paxson, LEPC
P.O. Box 891
Morton D. Reed, LEPC
Chairperson
Sublette, Kansas 67877
Chairperson
GRAHAM COUNTY LEPC
ELLSWORTH COUNTY LEPC
c/o James L. Pommerehn
Gordon Harms, LEPC
210 North Kansas
822 W. Main
Chairperson/Coordinator
Ellsworth, Kansas 67439
Hill City, Kansas 67642
HODGEMAi. COUNTY
Emergency Preparedness
Dave Jones, LEPC Vice-
Donnie L. Walters, CEM LEPC
Box 356
Chairperson/Coordinator
Chairperson/Coordinator
Jetmore, Kansas 67854
FINNEY COUNTY Emergency
GRANT COUNTY Emergency
Preparedness
Mgmt,
LEPC Chairperson
504 St. John
108 S. Glenn
JACKSON COUNTY
Garden City, Kansas 67846
Ulysses, Kansas 67880-2551
Emergency Management
P.O. Box 347
Kent Newport, Chairperson
Wiley McFarland, LEPC
Holton, Kansas 66436-0347
Holcomb Police Dept.
Chairperson
FINNEY COUNTY
GRAY COUNTY LEPC
Dan Dailey, LEPC Chairperson
City Hall
P.O. Box 688
JEFFERSON COUNTY LEPC
Holcomb, Kansas 67851
Cimarron, Kansas 67835
Ambulance Service Director
Oskaloosa, Kansas 66066
Steve Boggus, LEPC
Christina Baber, LEPC
Chairperson
Chairperson/Coordinator
Roger Thelander, LEPC
FORD COUNTY LEPC
GREELEY COUNTY
Chairperson
P.O. Box 610
Emergency Preparedness
JEWELL COUNTY Emergency
Dodge City, Kansas 67801
RR 1 Box 109
Preparedness
Tribune, Kansas 67879
County Courthouse
J. B. Hall, LEPC Chairperson
307 N. Commercial
FRANKLIN COUNTY
Lowell Parker, LEPC
Mankato, Kansas 66956
Municipal Emergency
Chairperson/Coordinator
Preparedness
GREENWOOD COUNTY
Michael B. Press, LEPC
Courthouse
Emergency Preparedness
Chairperson
315 S. Main, Room 203
c/o Sheriffs Office
JOHNSON COUNTY LEPC
Ottawa, Kansas 66067-2335
Eureka, Kansas 67045
Johnson County Med-Act
111S. Cherry St. #300
Terry Hazen, LEPC Chairperson
Olathe, Kansas 66061-3421
HAMILTON COUNTY LEPC
Law Enforcement Center
Syracuse, Kansas 67878
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KANSAS LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 3
James F. Jarboe, Jr., LEPC
Clint Jaeger, Jr., LEPC
Gerald Lucas, LEPC Chairperson
Chaiiperson/Coordinator
Chairperson
MIAMI COUNTY Municipal
KEARNY COUNTY Emergency
LINN COUNTY LEPC
Emergency Preparedness
Preparedness
Linn County
c/o Sheriffs Office
Kearny County, Drawer P
P.O.Box 125
120 S. Pearl
Lakin, Kansas 67860
Mound City, Kansas 66056
Paola, Kansas 66071
Emmett Child, LEPC
Don Smith, LEPC Chairperson
Robert Patterson, LEPC
Chaiiperson/Coordinator
Logan County LEPC
Chairperson
KINGMAN COUNTY
LOGAN COUNTY
MITCHELL COUNTY LEPC
Emergency Preparedness
215 Hudson
c/o Del Goheen
P.O. Box 66
Oakley, Kansas 67748
P.O. Box 275
Kingman, Kansas 67068
Beloit, Kansas 67420'
Steven Davis, LEPC
Tom Bowman, LEPC
Chairperson/Coordinator
Charles "Chuck" England, LEPC
Chairperson/Coordinator
LYON COUNTY Emergency
Chairperson
KIOWA COUNTY Emergency
Preparedness
MONTGOMERY COUNTY
Preparedness
Lyon County
LEPC
Kiowa County
425 Mechanic
1300 W. Oak St
200 East Wisconsin
Emporia, Kansas 66802
Independence, Kansas 67301
Greensburg, Kansas 67054
Linda Peterson, LEPC
Warren Dix, LEPC Chairperson
Keith Stammer, CEM LEPC
Chairperson
MORRIS COUNTY LEPC
Chairperson
MARION COUNTY LEPC
Morris County
LABETTE COUNTY
Marion County
RR 1 Box 111
Emergency Preparedness
P.O. Box 202
Delavan, Kansas 67449
Law Enforcement Center
Marion, Kansas 67861
718 5th Street
Joe Hartman, LEPC Chairperson
Oswego, Kansas 67356
Kenneth Coggins, LEPC
MORTON COUNTY LEPC
Chairperson/Coordinator
Morton County, Box J
Delmer Dunham, LEPC
MARSHALL COUNTY
Elkhart, Kansas 67950
Chairperson/Coordinator
Municipal Emergency
LANE COUNTY Emergency
Preparedness
Ray E. Downing, in, LEPC
Preparedness
107 South 13th
Chairperson/Coordinator
Lane County, P.O. Box 926 '
Marysville, Kansas 66508
NEMAHA COUNTY Civil
Dighton, Kansas 67839
Defense
Ken Armbrust, LEPC Co-
County Courthouse
John Griswold, LEPC
Chairperson
607 Nemaha
Chairperson
MCPHERSON County LEPC
Seneca, Kansas 66538
LEAVENWORTH COUNTY
1177 W. Woodside St.
LEPC
McPherson, Kansas 67460
James L Krone, LEPC
Leavenworth County
Chairperson
4th & Walnut
Max Johannsen, LEPC
NEOSHO COUNTY Emergency
Leavenworth, Kansas 66048
Chairperson
Preparedness
MEADE COUNTY LEPC
Neosho County EOC
Victor Suelter, LEPC
Meade County
Box 109
Chairperson
Meade, Kansas 67864
Erie, Kansas 66733
LINCOLN COUNTY LEPC
c/o Lincoln County Clerk-
Courthouse
Lincoln, Kansas 67455
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KANSAS LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 4
Charles Halbleib, LEPC
Mark McManaman, LEPC
Earl Hemphill, LEPC
Chairperson/Coordinator
Chairperson
Chairperson
NESS COUNTY Emergency
PRATT COUNTY LEPC
RUSSELL COUNTY LEPC
Preparedness
Pratt County
Russell City Fire Dept.
Ness County
P.O. Box 885
P.O. Box 112
222 West Main
Pratt, Kansas 67124
Russell, Kansas 67665
Ness City, Kansas 67560
LEPC Chairperson
Steve Ascher, LEPC Chairperson
Bryce Romine, LEPC
Rawlins County LEPC
SALINE COUNTY LEPC
Chairperson
RAWLINS COUNTY
Saline County
OSAGE COUNTY LEPC
512 South Railroad
3019 Scanlan Ave.
Osage County, 820 Gum
Atwood, Kansas 67730
Salina, Kansas 67401
Lyndon, Kansas 66451
Gene Schmidt, LEPC
Kelley Scheffe, LEPC
Don Kiper, LEPC Chairperson
Chairperson
Chairperson
OSBORNE COUNTY
RENO COUNTY LEPC
SCOTT COUNTY. LEPC
Emergency Preparedness
Hutchinson Hospital
Scott County
County Courthouse
1701 E. 23rd
310E. 3rd
West Main Street
Hutchinson, Kansas 67501
Scott City, Kansas 67871
Osborne, Kansas 67473
Bruce Ball, LEPC Chairperson
George Huenergardt,
Bill Brown, LEPC Chairperson
REPUBLIC COUNTY LEPC
LEPCChairperson
OTTAWA COUNTY LEPC
County Courthouse, Box 429
SEDGWICK COUNTY LEPC
c/o Janice Davidson, Coordinator
Belleville, Kansas 66935-0429
c/o Sedgwick County Disaster
County Courthouse
Management
Minneapolis, Kansas 67467
Gaiy Spellman, LEPC
535 North Main, B-10
Chairperson
Wichita, Kansas 67203
Tim Gross, LEPC Chairperson
RICE COUNTY LEPC
PAWNEE COUNTY Emergency
Rice County
Mike Tabor, LEPC Chairperson
Preparedness
402 South College
SEWARD COUNTY Emergency
Pawnee County
Lyons, Kansas 67554
Preparedness
P.O. Box 480
Seward County
Lamed, Kansas 67550
Pat Collins, LEPC
P.O.Box 1194
Chairperson/Coordinator
Liberal, Kansas 67901
William W, Kaumans,
RILEY COUNTY Emergency
LEPC Chairperson
Preparedness
Keith Pierce, LEPC Chairperson
PHILLIPS COUNTY Emergency
Riley County
SHAWNEE COUNTY LEPC
Preparedness
110 Courthouse Plaza
Shawnee County Courthouse
Phillips County
Manhattan, Kansas 66502
200 East Seventh - Sub-basement
P.O. Box 504
10
Phillipsburg, Kansas 67661
Michel Werth, LEPC
Topeka, Kansas 66603
Chairperson
James Keating, LEPC
ROOKS COUNTYLEPC
Tom Jamison, LEPC Chaiiperson
Chairperson
Rooks County
SHERIDAN COUNTY LEPC
POTTAWATOMIE COUNTY
115 North Walnut
Sheridan County
LEPC
Stockton, Kansas 67669
P.O. Box 899
Pottawatomie County
Hoxie, Kansas 67740
611 W.Lasley
Dave Rundle, LEPC Chairperson
St. Marys, Kansas 66536
RUSH COUNTY LEPC
Rush County
715 Elm
LaCrosse, Kansas 67548
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KANSAS LOCAL EMERGENCY PLANNING .COMMISIONS
PAGE 5
LEPC Chairperson
SHERMAN COUNTY LEPC
Sherman County
P.O. Box 764
Goodland, Kansas 67735-3051
J. C. Chance, LEPC
Chairperson/Coordinator
SMITH COUNTY Emergency
Preparedness
Smith County, RR 3 Box P
Smith Center, Kansas 66967
Leonard Getty, LEPC
Chairperson
STAFFORD COUNTY LEPC
Stafford County
826 North Broadway
St. John, Kansas 67576
James R. Garrison, LEPC
Chairperson/Coordinator
STANTON COUNTY
Emergency Preparedness
c/o Sheriffs Office
Johnson, Kansas 67855
Opal Hall, LEPC Chairperson
STEVENS COUNTY LEPC
County Clerk's Office
Stevens County Courthouse
Hugoton, Kansas 67951
Bryan Ellis, LEPC Chairperson
SUMNER COUNTY LEPC
Sumner County
501 LuellaAve.
Mulvane, Kansas 67110
Lee A. Strickler, LEPC Vice-
Chairperson
THOMAS COUNTY LEPC
Thomas County
585 N. Franklin
Colby, Kansas 67701
Bob McLemore, LEPC
Chairperson
THOMAS COUNTY LEPC
Thomas County
585 N. Franklin
Colby, Kansas 67701-2426
Nancy Tomanek, LEPC
Chairperson
TREGO COUNTY Municipal
Emergency Preparedness
Trego County
525 Warren
WaKeenev, Kansas 67672
Maurice Gleason, LEPC
Chairperson
WABAUNSEE COUNTY LEPC
Wabaunsee County
c/o County Clerk's Office
215 Kansas
Alma, Kansas 66401
Doris Harrison, LEPC
Chairperson
WALLACE COUNTY LEPC
Wallace County
P.O. Box 70
Sharon Springs, Kansas 67758
Ben Tice, LEPC Chairperson
WASHINGTON COUNTY
LEPC
Attn: Deborah J. Swoboda
County Courthouse
214 C Street
Washington, Kansas 66968
Ruth Ritter, CEM LEPC
Chairperson
WICHITA COUNTY Emergency
Preparedness
Wichita County
P.O. Box 328
Leoti, Kansas 67861
Paul Peters, LEPC Chairperson
WILSON COUNTY LEPC
Wilson County
P.O. Box 111
Fredonia, Kansas 66736
Gordon McNiu, LEPC
Chairperson
WOODSON COUNTY
Courthouse
c/o Emergency Preparedness
Office
Yates Center, Kansas 66783-
1497
Dennis Hays, LEPC Chairperson
& Deputy City Administrator
WYANDOTTE COUNTY
LEPC
Kansas City-Wyandotte County
701 N. 7 th Street
Kansas City, Kansas 66101
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MISSOURI LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 1
Ror Stewart
ADaIR COUNTY LEPC
601 S. Franklin
Kirksville, Missouri 63501
Jean Waltemath
MO-KAN REGIONAL LEPC
1302 Faroan
St. Joseph, Missouri 64501
Maxine Hudson
ATCHISON COUNTY LEPC
P.O. Box 156
Rock Port, Missouri 64482
Richard Webber
Presiding Commissioner
Audrain County Courthouse
101 N. Jefferson
Mexico, Missouri 65265
Cherry Warren
Presiding Commissioner
BARRY COUNTY LEPC
Barry County Courthouse
Cassville, Missouri 65625
Gary Frieden
Presiding Commissioner
BARTON COUNTY LEPC
Courthouse, 1004 Gulf Street
Lamar, Missouri 64759
Harold Weil
Presiding Commissioner
BATES COUNTY LEPC
Courthouse, 1 N. Delaware
Butler, Missouri 64730
Rodney Meyer
Presiding Commissioner
BENTON COUNTY LEPC
P.O. Box 1238
316 Van Burren
Warsaw, Missouri 65355
Don Stamper
Presiding Commissioner
BOONE COUNTY LEPC
Courthouse, 701 E. Broadway
Columbia, Missouri 65201-4496
Jean Waltemath
Joe Nelson
MO-KAN LEPC
Presiding Commissioner
1302 Faroan
CHRISTIAN COUNTY LEPC
St. Joseph, Missouri 64501
Courthov , P.O. Box 549
Ozark, Missouri 65721-0549
Don Bell
OZARK FOOTHILLS LEPC
Eddie Brewer
P.O. Box 1183
Presiding Commissioner
3019 Fair Street
CLARK COUNTY LEPC
Poplar Bluff, Missouri 63 901
111 East Court
Kahoka, Missouri 63445
Dale Hartley
Presiding Commissioner
David Spicer
CALDWELL COUNTY LEPC
COLE COUNTY LEPC
Courthouse, 49 E Main Street
301 E High St Room 500
Kingston, Missouri 64650
Jefferson City, Missouri 65101
Max Winkels
William A. Lang
P.O. Box 817
COOPER COUNTY LEPC
Fulton, Missouri 65251
525 East Spring Street
Boonville, Missouri 65233
Merle Cross
Presiding Commissioner
Tammy Snodgrass
CAMDEN COUNTY LEPC
MERAMEC LEPC
1 Court Circle
101 West Tenth Street
P.O. Box 960
Rolla, Missouri 65401
Camdenton, Missouri 65020
Rex Wilkinson
Nelson Heill
Presiding Commissioner
Presiding Commissioner
DADE COUNTY LEPC
CARROLL COUNTY LEPC
Dade County Courthouse
Carroll County Courthouse
Greenfield, Missouri 65661
Carrollton, Missouri 64633
Harold-Morgans
MID AMERICA LEPC
Presiding Commissioner
Rivergate Center
DALLAS COUNTY LEPC
600 Broadway, Suite 300
Courthouse, P.O. Box 436
Kansas City, Missouri 65785
Buffalo, Missouri 65622
Kenneth Whitesell, Jr.
Jewel Swofford
Presiding Commissioner
Presiding Commissioner
CEDAR COUNTY LEPC
DAVIESS COUNTY LEPC
P.O. Box 126, 113 S. Street
Courthouse, 102 N. Main
Stockton, Missouri 65785-0126
Gallatin, Missouri 64640
Larry R. Peters
Stanley Goodrich
Presiding Commissioner
DOUGLAS COUNTY LEPC
CHARITON COUNTY LEPC
Douglas County Courthouse
306 South Cherry
P.O. Box 398 '
Keytesville, Missouri 65261
Ava, Missouri 65608
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MISSOURI LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 2
Gerald Parker
Robert H. Lang
BOOTHEEL LEPC
HOWARD COUNTY LEPC
P.O. Box 397
Howard County Courthouse
Maiden Industrial Park
Fayette, Missouri 65248
Maiden, Missouri 63863
Rolland Paul
Gerald Goff
Presiding Commissioner
FRANKLIN COUNTY LEPC
HOWELL COUNTY LEPC
# 1 Bruns Lane
Howell County Courthouse
Union, Missouri 63084
West Plains, Missouri 65775
Marshall W. Pile
Judy Johnson
Presiding Commissioner
JASPER COUNTY LEPC
GENTRY COUNTY LEPC
Emergency Preparedness
Gentry County Courthouse
P.O. Box 1355
Albany, Missouri 64420
Joplin, Missouri 64802-1355
Joye McElwee
Lance A. Rothe, LEPC Chairman
GREENE COUNTY LEPC
Jefferson County Courthouse
833 Boonville
Hillsboro, Missouri 63050
Springfield, Missouri 65802
Larry Province, Chairman
Dwaine Meservey
JOHNSON COUNTY LEPC
Presiding Commissioner
P.O. Box 348
GRUNDY COUNTY LEPC
Warrensburg, Missouri 64093
Courthouse, 700 Main
Trenton, Missouri 64683
L. P. (Pete) Mayfteld
Presiding Commissioner
Kenneth Rucker
KNOX COUNTY LEPC
Presiding Commissioner
Knox County Courthouse
HARRISON COUNTY LEPC
Edina, Missouri 63537
Courthouse, P.O. Box 525
Bethany, Missouri 64424
Lester Evans
Presiding Commissioner
Joe Simms
LACLEDE COUNTY LEPC
Presiding Commissioner
Courthouse, Second & Adams
HENRY COUNTY LEPC
Lebanon, Missouri 65536
Henry County Courthouse
Clinton, Missouri 64735
Bud Schaeperkoetter
LAFAYETTE COUNTY LEPC
Robert Breshears
Emergency Management
Presiding Commissioner
313 N.Elizabeth
HICKORY COUNTY LEPC
Corder, Missouri 64021
Courthouse, P.O. Box 3
Hermitage, Missouri
Joe Ruscha
65668-0003
Presiding Commissioner
LAWRENCE COUNTY LEPC
John R. Killin
Lawrence County Courthouse
Presiding Commissioner
Mount Vemon, Missouri 65712
HOLT COUNTY LEPC
Holt County Courthouse
Oregon, Missouri 64473
Robert Goehl
Presiding Commissioner
LEWIS COUNTY LEPC
Courthouse, P.O. Box 67
Monticello, Missouri 634S7
Dennis Harrell, EMA Director
Lincoln County Courthouse
201 Main Street
Tray, Missouri 63379
Buck Farrenkopf
Presiding Commissioner
Linn County Courthouse
P.O. Box 93
Linneus, Missouri- 64653
Eva Danner
Presiding Commissioner
LIVINGSTON COUNTY LEPC
Courthouse, 700 Webster
ChiUicothe, Missouri 64601
Roger Kohl
Presiding Commissioner -
MACON COUNTY LEPC
Courthouse, P.O. Box 96
Macon, Missouri 63552-0096
Lyndon Bode
Presiding Commissioner
MARION COUNTY LEPC
Marion County Courthouse
" Palmyra, Missouri 63461-1661
Bill Wilson
Presiding Commissioner
MCDONALD COUNTY LEPC
Courthouse, P.O. Box 665
Pineville, Missouri 64856
Russell Hobbs
Presiding Commissioner
MERCER COUNTY LEPC
Courthouse, 802 Main
Princeton, Missouri 64673
Dan Gier
Presiding Commissioner
MILLER COUNTY LEPC
Miller County Courthouse
Tuscumbia, Missouri 65082
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MISSOURI LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 3
Robert Hogge
MONITEAU COUNTY LEPC
Moniteau County Courthouse
300 N. Main
California, Missouri 65018
David Utterback
Presiding Commissioner
MONROE COUNTY LEPC
Monroe County Courthouse
Paris, Missouri 65275
Ron Hansen
Montgomery County Courthouse
211 East Third
Montgomery City, Missouri
63361
Sid Merriott
Presiding Commissioner
MORGAN COUNTY LEPC
Courthouse, 100 E Newton
Versailles, Missouri
65084-1298
Mike Goldsworthy
NEWTON COUNTY LEPC
P.O. Box 524
Neosho, Missouri 64850
Lester Keith
NODAWAY COUNTY LEPC
Nodaway County Courthouse
Third & Main
Maryville, Missouri 64468
Leo Warren
Presiding Commissioner
P.O. Box 324
Alton, Missouri 65606
John Backes
Presiding Commissioner
OSAGE COUNTY LEPC
P.O.Box 1011
Linn, Missouri 65051
Gary Collins
Presiding Commissioner
OZARK COUNTY LEPC
Courthouse, P.O. Box 416
Gainesville, Missouri 65655
Bill Michael
PETTIS COUNTY LEPC
Pettis County Courthouse
415 S. Ohio
Sedalia, Missouri 65301
Clark Pointer
Presiding Commissioner
PIKE COUNTY LEPC
Courthouse, II5 W. Main
Bowling Green, Missouri 63334
Betty Knight
Presiding Commissioner
PLATTE COUNTY LEPC
Courthouse, P.O. Box 105 CH
Platte City, Missouri 64079
Ken Beekler
POLK COUNTY LEPC
Tracker Marine
1402 S. Killingsworth Ave
Bolivar, Missouri 65613
Ralph Peterson
Presiding Commissioner
PULASKI COUNTY LEPC
Pulaski County Courthouse
Waynesville, Missouri
65583-2599
Charlie Fowler
Presiding Commissioner
PUTNAM COUNTY LEPC
Courthouse, Room 204
Unionville, Missouri 63565
Lewis Palmer, Jr.
Presiding Commissioner
RALLS COUNTY LEPC
Ralls County Courthouse
New London, Missouri 63459
Kenneth Wemhoff
Presiding Commissioner
RANDOLPH COUNTY LEPC
Courthouse, Main Street
Huntsville, Missouri 65259
Russell Dehn
Presiding Commissioner
SALINE COUNTY LEPC
Saline County Courthouse
Marshall, Missouri 6534ft
Eldon Tallman
Presiding Commissioner
SCHUYLER COUNTY LEPC
Courthouse, P.O. Box 187
Lancaster, Missouri 63548
Mike Stephenson
Presiding Commissioner
SCOTLAND COUNTY LEPC
Scotland County Courthouse
Memphis, Missouri 63555
Shane Van Steenis
Presiding Commissioner
SHANNON COUNTY LEPC
Courthouse, P.O. Box 187
Eminence, Missouri 65466
Gary Million
Presiding Commissioner
SHELBY COUNTY LEPC
Courthouse, P.O. Box 186
Shelbyville, Missouri
63469-0186
Gary Schuchardt
ST. CHARLES COUNTY LEPC
301 N. 2nd Street, Room 280
St. Charles, Missouri 63301
L. Wayne Scott
Presiding Commissioner
ST. CLAIR COUNTY LEPC
Courthouse, P.O. Box 405
Osceola, Missouri 64776
Nick Gragnani
ST. LOUIS COUNTY LEPC
14847 Olive Blvd.
Chesterfield, Missouri 63017
George Home
ST. LOUIS CITY LEPC
St. Louis Fire Department
1421 N. Jefferson
St, Louis, Missouri 63106
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MISSOURI LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 4
Tony Delong
Presiding Commissioner
STONE COUNTY LEPC
P.O. Box 45
Galena, Missouri 65656-0045
Gerald T. Heaton
Presiding Commissioner
SULLIVAN COUNTY LEPC
c/o Mike Heppler, County Clerk
Sullivan County Courthouse
Milan, Missouri 63556
Finnis Keys
Presiding Commissioner
TANEY COUNTY LEPC
Courthouse, P.O. Box 156
Forsyth, Missouri 65653
John Foster
Presiding Commissioner
210 North Grand
Houston, Missouri 65483
Jim Earnest
Presiding Commissioner
VERNON COUNTY LEPC
Vemon County Courthouse
Nevada, Missouri 64772-2358
Bemhard Junker
105 S. Market
Warrenton, Missouri 63383
Don Rost
Presiding Commissioner
WEBSTER COUNTY LEPC
Webster County Courthouse
Marshfield, Missouri
65706-1641
Kaye Havner
Presiding Commissioner
WORTH COUNTY LEPC
P.O. Box L
Grant City, Missouri 64456
Leo Dowden
Presiding Commissioner
P.O. Box 98
Hartville, Missouri 65667
Missouri Emergency
Response Commission
P.O. Box 3133
Jefferson City, Missouri 65102
Missouri Division of Fire Safety
1715 Industrial Drive
Jefferson City, Missouri 65109
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NEBRASKA LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 1
Edna Spencer
c/o LEPC Chairperson
Richard Kvanig
BLAINE COUNTY
DAKOTA COUNTY
HOOKERCOUNTY
P.O. Box 136
701 West 29th St
Box 213
Brewster, Nebraska 68821
S. Sioux City, NE 68776
Mullen, Nebraska 69152
Pat Gould
Rick Klauz
Pete Peterson
BOX BUTTE COUNTY
DAWSON COUNTY
KEITH COUNTY
Box 426
709 N. Grant St
501 N Spruce St
Chadron, Nebraska 69337
Lexington, Nebraska 68850
Ogallala, NE 69153-2138
Charles Kemery
Steve Lee
Melvin Plummer
BUFFALO COUNTY
DOUGLAS COUNTY
KIMBALL COUNTY
Box 1180 •
1819 Famam Rm 114
1000 - 10th Ave.
Kearney, Nebraska 68848
Omaha, Nebraska 68183
Sidney, Nebraska 69162
Norman Hoeft
c/o LEPC Chairman
Norm Francis
BUTLER COUNTY
FILLMORE COUNTY
LANCASTER COUNTY
P.O. Box 135
Box 63
555 S 10th
David City, Nebraska 68632
Geneva, Nebraska 68361
Lincoln, Nebraska 68508
Bin Cover
Ken Wolf
Tom McNeil, Sr.
CASS COUNTY
FRONTIER COUNTY
LOUP COUNTY
P.O. Box C
P.O. Box 320
HC 65, Box 24
Weeping Water, NE 68463-0195
Curtis, Nebraska 69025
Taylor, Nebraska 68879
John Heitman
Dennis Traylor
Rudy Sides
CEDAR COUNTY
GAGE COUNTY
MORRILL COUNTY
P.O. Box 94
204 N 4th St
P.O. Box 281
Hartington, Nebraska 68739
Beatrice, Nebraska 68310
Bridgeport, Nebraska 69336
c/o LEPC Chairperson
Melvin Plummer
Leo Zadma
CHASE COUNTY
GARDEN COUNTY
NUCKOLLS COUNTY
1420 Douglas
1000 - 10th Ave.
P.O. Box 401
Imperial, Nebraska 69033
Sidney, Nebraska 69162
Nelson, Nebraska 68961
Melvin Christensen
Sandy Psota
Jim Rowe
CHERRY COUNTY
GARFIELD COUNTY
OTOE COUNTY
Box 49
RR3, P.O. Box 7
1503 Central Ave.
Valentine, Nebraska 69201
Ord, Nebraska 68862
Nebraska City, NE 68410
e/o LEPC Chairman
Robert Schwartzkopf
John Schulze
CHEYENNE COUNTY
Hall County
PAWNEE COUNTY
1000-10th Ave.
P.O. Box 1968
Rt 2, Box 267
Sidney, Nebraska 69162
Grand Island, Nebraska
Pawnee City, NE 68420
68802-1968
Jack Byrkit
Terry Wendell
CLAY COUNTY
Bob Phillips
PERKINS COUNTY
321 EThurber
Hamilton County
Perkins County Courthouse
Clay Center, NE 68933
715- 12th St
Grant, Nebraska 69140
Aurora, Nebraska 68818
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NEBRASKA LOCAL EMERGENCY PLANNING COMMISIONS
PAGE 2
Stephen Hoffinan
RICHARDSON COUNTY
1713 Fulton St
Falls City, Nebraska 68355
Jim Stout
ROCK COUNTY
P.O. Box 594
Bassett, Nebraska 68714
Hank Damgroger
SALINE COUNTY
Box 220
DeWitt, Nebraska 68351
PariSafffieSs W •
SARPY COUNTY
1210 Golden Gate Dr
Papillion, Nebraska 68096
Sherry Blaha
SCOTTS BLUFF COUNTY
1825 10th St
Gering, Nebraska 69341
Leonard Czaplewski
Sherman County
Rt2, Box 41
Loup City, Nebraska 68853
Leo Zadina
Thayer County
Courthouse
Nelson, Nebraska 68961
Clarence Fox
Valley County
E 1817 N Street
Ord, Nebraska 68862
Leo Zadina
Thayer County
Courthouse
Nelson, Nebraska 68961
Kathy Sheldon
Wheeler County
HC61 Box 2
Spalding, Nebraska 68665
Cindy Newsham
WIDE AREA EPC COUNTY
1300 Militaiy Rd
Lincoln, Nebraska 68508
Orville R. Davidson
YORK COUNTY
P.O. Box 507
York, Nebraska 68467
LeRoy Smith
REGION 26 COUNTY
P.O. Box 140
Taylor, Nebraska 68879
W. C. Brandenburgh
REGION 10 COUNTY
Courthouse
Columbus, Nebraska 68601
John Lamar
REGION 5/6 COUNTY
734 N Park St
Fremont, Nebraska 68025
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APPENDIX D.3
REGIONAL RESPONSE
TEAM
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pahf i
Co-Chairman: Commander Mike Schafersman
U.S. Coast Guard
Director, Western River Operations
U.S. ENVIRONMENTAL PROTECTION
AGENCY
Co-Chairman: Mr. Ron McCutcheon
Environmental Protection Agency, Region VII
Ron McCutcheon
Environmental Protection Agency
SUPR
726 Minnesota Avenue
Kansas City, KS 66101
WORK: (913)551-7916
FAX: (913 )551-7948
24-HOUR NO: (913) 281-0991
Bob Jackson
Environmental Protection Agency
SUPR/ER&R
726 Minnesota Avenue
Kansas City, KS 66101
WORK: (913) 551-7952
FAX: (913)551-7948
24-HOUR NO: (913) 281 -0991
DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD
CDR. Mike Schafersman
U. S. Coast Guard
Director, Western River Operations
Marine Safety Response
1222 Spruce Street, Room 2.107E
St. Louis, MO 63103-2832
WORK: (314) 539-3900 ext. 396
FAX: (314)539-2649
24-HOUR NO:
FEDERAL HIGHWAY ADMINISTRATION
Fred McGraw
Federal Highway Administration
HAZMAT Program Manager
6301 Rockhill Road
P.O. Box 419715
Kansas City, MO 64141
WORK: (816)276-2700
FAX: (816)363-3347
24-HOUR NO:
CDR. P. Guher
U. S. Goast Guard
Director, Western River Operations
Marine Safety Compliance
1222 Spruce Street, Room 2.107E
St. Louis, MO 63103-2832
WORK: (314)539-3706
FAX: (314)539-2649
24-HOUR: (314)539-3706
CDR. John Holmes
U. S. Coast Guard, Second District
Commanding Officer
Marine Safety Office
1222 Spurce Street, 8th floor
St. Louis, MO 63103-2832
WORK: (314) 539-3091
FAX: (314)539-2659
24-HOUR NO:
Revision I 12/31/96
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DEPARTMENT OF AGRICULTURE
Bob Willis
Department of Agriculture
USDA Forest Service
Mark Twain National Forest
401 Fairgrounds Road
Rolla, MO 65401
WORK: (314)364-4621
FAX: (314)341-7475
24-HOUR NO: Answering Machine: (314) 364-4621
Dave Easter
Department of Agriculture
USDA Forest Service
Mark Twain National Forest
401 Fairgrounds Road
Rolla, MO 65401
WORK: (314)364-4621
FAX: (314)341-7475
24-HOUR NO: Answering Machine: (314) 364-4621
Pat Hughes
Department of Agriculture
USDA Forest Service
Mark Twain National Forest
401 Fairgrounds Road
Rolla, MO 65401
WORK: (314)364-4621
FAX: (314)341-7475
24-HOUR NO: Answering Machine: (314) 364-4621
DEPARTMENT OF DEFENSE
Jim Hamilton
IJ. S. AIR FORCE
United States Army
Headquarters - 5th U.S. Army
Raymond Bruntmyer
ATTN: AFKB-OP-P (Contingency Plans Br.)
AFCEE/CCR-D
Ft. Sam Houston, TX 78234-7000
525 S. Griffin St. Suite505
WORK: (210) 221-9320
Dallas, TX 75202-5023
FAX: (210)221-9485
WORK: (214)767-4668
24-HOUR NO: (210) 221 -2901
FAX: (214)767-4661
(210) 221-0017
24-HOUR NO:
Tom Hendricks
Thomas Manning
United States Army
AFCEE/CCR-D
Headquarters - 5th U.S. Army
525 S. Griffin St. Suite505
ATTN: AFKB-OP-E
Dallas, TX 75202-5023
(Current Operations Br.)
WORK: (214)767-4668
Ft. Sam Houston, TX 78234-7000
FAX: (214)767-4661
WORK: (210)221-1772
24-HOUR NO:
FAX: (210)221-0301
24-HOUR NO: (210) 221 -2901
Craig Berstein
(210) 221-0017
AFCEE/CCR-D
525 S. Griffin St. Suite505
Dallas, TX 75202-5023
WORK: (214)767-4668
FAX: (214)767-4661
24-HOUR NO:
Revision 1 12/31/96
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FFPFPAT RFr.ION VIT PffiinNAI RFfiPHNCF TFAM MFMRFBSHTP
ARMY CORPS OF ENGINEERS
PAGE 3
Paul S. Iwai
U.S. Army Corps of Enginers
Missouri River Division
ATTN: CEMRD-ET-C
12565 West Center Road
Omaha, NE 68144-3869
WORK: (402) 697-2542
FAX: (402) 697-2547
24-HOUR NO: (402)697-2539
Myrna Moss
U.S. Army Corps of Engineers
Kansas City District
ATTN: CEMRK-CO-E
700 Federal Building
601 East 12th Street
Kansas City, MO 64106-2896
WORK: (816)426-6135
FAX: (816)426-6135
24 HOUR-NO: (816)-6320
DEPARTMENT OF ENERGY
John R. Larandeau
U.S. Army Corps of Enginers
Missouri River Division
ATTN: CEMRD-ET-C
12565 West Center Road
Omaha, NE 68144-3869
WORK: (402)697-2542
FAX: (402) 697-2547
24-HOUR NO: (402)697-2539
Tom Worstell
U.S. Department of Energy
Kansas City Area Office
P.O. Box 410202
Kansas City, MO 64141
WORK: (816)997-3349
FAX: (816)997-7310
24-HOUR NO:
Pat Hoopes
U.S. Department of Energy
Kansas City Area Office
P.O. Box 410202
Kansas City, MO 64141
WORK: (816)997-7003
FAX: (816)997-7310
24-HOUR NO:
DEPARTMENT OF THE INTERIOR
Robert Stewart
Regional Environmental Officer
Department of Interior
Denver Federal Center
P.O. Box 25007, (D-108)
Denver, CO 80225
WORK: (303)236-6900
24-HOUR NO: (402)697-2539
FAX: (303) 236-4093
24 HOUR NO: none
INTERNET: robert_f_stewart@ios.doi.gov
William C. Allan
Department of Interior
Denver Federal Center
P.O. Box 25007, (D-108)
Denver, CO 80225
WORK: (303)236-6900
FAX: (303) 236-4093
24 HOUR NO: none
INTERNET: william_allan@ios.doi.gov
Revision 1 12/31/96
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FF,HERAT, REGION VTT REGION AT RFSPONSF TF AM MFMBFRSHTP
PAr.F 4
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Stanley M Krol
Regional Emergency Coordinator
U.S. Public Health Service
1961 Stout Street
Denver, CO 80294
WORK: (303)844-6163
FAX: (303)844-2019
24 HOUR NO:
DEPARTMENT OF LABOR
Glenn Taylor
USDOL/OSHA/REGION VII
1100 Main St., Suite 800
Kansas City, MO 641065
WORK: (816)426-5861
FAX: (816)426-2750
24 HOUR NO: (816)426-5861
FEDERAL EMERGENCY MANAGEMENT
AGENCY
James A. Donley
Federal Emergency Management Agency
PT&E Tech. Haz. Prog. Spec.
FEMA Region VII
2323 Grand, Suite 900
Kansas City, MO 64108-6270
WORK: (816)283-7010
FAX: (816)283-7060
24 HOUR NO: (816)283-7098
NUCULEAR REGULATORY COMMISSION
Leonard J Gallon
Dir. Division of Radiation Safety & Radiological
Safeguards
Nuclear Regulatory Commission
611 Ryan Plaza Drive, Suite 1000
Arlington, TX 76001
WORK: (817)860-8160
FAX: (817)860-8122
24 HOUR NO:
David Parker
Dept. of Health and Human Services
ATSDR
726 Minnesota Ave.
Kansas City, KS 66101
WORK: (913)551-7772
FAX:
24 HOUR NO:
Jeff Jones
USDOL/OSHA/REGION VII
1100 Main St., Suite 800
Kansas City, MO 64105
WORK: (816)426-5861
FAX: (816)426-2750
24 HOUR NO: (816)426-5861
Robert Bissell
Federal Emergency Management Agency
Training, Exercise, & Evaluation
FEMA Region VII
2323 Grand, Suite 900
Kansas City, MO 64108-6270
WORK: (816)283-7004
FAX: (816)283-7060
24 HOUR NO: (816)283-7098
Gene Bates
Nuclear Regulatory Commission
611 Ryan Plaza Drive, Suite 1000
Arlington, TX 76001
WORK: (817)860-8223
FAX: (817)860-8122
24 HOUR NO:
Revision I 12/31/96
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DEPARTMENT OF COMMERCE
pAr.r *
David Runyan
Department of Commerce
Central Regional Office
National Weater Service, NOAA
601 East 12th Street, Room 1836
Kansas City, MO 64106
WORK: (816)426-3239
FAX: (816)426-3270
24 HOUR NO: (816) 243-3600
DEPARTMENT OF JUSTICE
Mike McNulty
Environmental Enforcement Section
Department of Justice, Room 2616
P.O. Box 7611
Benjamin Franklin Station
Washington, D.C. 10044
WORK: (202)514-1210
FAX: (202)514-8395
24 HOUR NO:
Scot Blaze
DOJ Vessel Spills
P.O. Box 14271
Washington, D.C. 20044-4271
WORK: (202)501-7346
FAX:
24 HOUR NO:
FEDERAL BUREAU OF INVESTIGATION
William M. Francis
Federal Bureau of Investigation
1520 Market Street, Room 2704
St. Louis, MO 63103
WORK: (314)241-5357
FAX: (314)589-2636
24 HOUR NO: (314)241-5357
GENERAL SERVICES ADMINISTRATION
Jack Nesbitt
General Services Administration
1500 East Bannister Road (6CA)
Kansas City, MO 64131
WORK: (816)926-7222
FAX: (816)926-7981
24 HOUR NO:
Mike Hoffman
Coordinator/Team Leader
Evidence Response Team
Federal Bureau of Investigation
1520 Market Street, Room 2704
St. Louis, MO 63103
WORK: (314)589-2546
FAX:
24 HOUR NO:
Revision 1 12/31/96
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STATE REPRESENTATIVES to RRT
IOWA
Ron Kozel
Iowa Department of Natural Resources
Environmental Protection Division
Wallace Building
900 East Grand
Des Moines, IA 50319
WORK: (515)281-8883
FAX: (515)281-8895
24 HOUR NO: (515)281-8694
KANSAS
Pete Hamlin
Iowa Department of Natural Resources
Environmental Protection Division
Wallace Building
900 East Grand
Des Moines, IA 50319
WORK: (515)281-8852
FAX: (515)281-8895
24 HOUR NO: (515)281-8694
Larry Knoche
Kansas Department of Health and Environment
Forbes Field
Topeka, KS 66620
WORK: (913)296-1662
FAX: (913)296-1686
24 HOUR NO: (913)296-1500
MISSOURI
G. Paul Belt
Kansas Department of Health and Environment
Forbes Field
Topeka, KS 66620
WORK: (913)296-1662
FAX: (913)296-1686
24 HOUR NO: (913)296-1500
Jim Long
Missouri Department of Natural Resources
Environmental Emergency Response
P.O. Box 176
Jefferson City, MO 65102
WORK: (573)526-3344
FAX: (573) 526-3350
24 HOUR NO: (573)634-2436
NEBRASKA
Ken Teeter
Missouri Department of Natural Resources
Environmental Emergency Response
P.O. Box 176
Jefferson City, MO 65102
WORK: (573)526-3344
FAX: (573) 526-3350
24 HOUR NO: (573)634-2436
David Chambers
State of Nebraska
Department of Environmental Quality
P.O. Box 98922
Lincoln, NE 68509
WORK: (402)471-4230
FAX: (402)471-2909
24 HOUR NO: (402) 471 -4545
Kirk Morrow
State of Nebraska
Department of Environmental Quality
P.O. Box 98922
Lincoln, NE 68509
WORK: (402)471-4230
FAX: (402)471-2909
24 HOUR NO: (402)471-4545
Dale Busch
State of Nebraska,
Department of Environmental Quality
P.O. Box 98922
Lincoln, NE 68509
WORK: (402) 471-4230
FAX: (402)471-2909
24 HOUR NO: (402)471-4545
Revision 1 12/31/96
-------
APPENDIX D.4
AREA COMMITTEE
REGION Vn AREA COMMITTEE
IS THE SAME AS THE
REGION VH RESPONSE TEAM
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APPENDIX D.5
EMERGENCY CONTACTS
-------
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EMERGENCY RESPONSE CONTACTS
SPILL AND/OR RELEASE REPORTING
This listing is all 24-hour emergency reporting numbers.
National Response Center(NRC) 800-424-8802
USCG, Eighth District 504-583-6225
EPA, Region VII 913-281-0991
Iowa Department of Natural Resources 515-281 -8694
Kansas Dept. of Health & Environment 913-296-1500
Missouri Dept. of Natural Resources 573-634-2436
Nebraska Dept of Environmental Quality 402-471-4545
RESPONSE AND/OR PLANNING ASSISTANCE
CONTACTS
Agency Toxic Substance & Disease for Registry (ATSDR) 404-347-4062
American Petroleum Institute 202-682-8000
Bureau of Explosives via CHEMTREC 800-424-9300
Centers for Disease Control(CDC) 404-639-2888
Chemical Transportation Emergency Center(CHEMTREC) 800-424-9300
Planning assistance 202-887-1255
Chlorine Institute 202-775-2790
Environmental Response Team (ERT) 908-321-6660
Emergency Response Cleanup Services Contracts (ERCS) 800-334-0004
REVISION ONE 12/96
-------
National Pesticides Telecommunication Network
National Pollution Fund Center(NPFC)
OSHA Hot-Line
Public Health Services (PHS)
RCRA/CERCLA Hot-Line
Safe Drinking Water Act
SARA/CEPP Hot-Line
Scientific Support Coordinators(SSC)
Superfund Technical Assistance and Response Team (START)
NIOSH Technical Information
National Fire Equipment System
7:45 - 4:15 Cen. Time 817-334-2605
2:15-3:15 Pac. Time 209-946-6382
USCG National Strike Force Coordination Center
Atlantic Strike Team 609-724-0008
Gulf Strike Team 205-639-6601
Pacific Strike Team
U.S. Navy Supervisor of Salvage (SUPSALV)
SUPSALV
Emergency Activation
USCG, Western River Operations
Eighth District
NOAA
EPA
800-858-7378
703-235-4756
800-321-6742
816-426-3491
800-424-9346
800-426-4791
800-535-0202
202-526-6317
908-321-6660
913-432-9961
800-356-4674
209-466-9512
919-331-6000
703-602-7527
703-607-2578
314-539-3900
504-589-6271
REVISION ONE 12/96
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DEPARTMENT OF THE INTERIOR HAZARDOUS MATERIALS/OIL SPILL COORDINATORS
CONTACT LIST FOR IA, KS, MO, AND NE
Department of the Interior
Regional Environmental Officer
DOI-Office of Environmental Policy and Compliance
Denver Federal Center
Building 56, Room 1003
P.O. Box 25007 (D-108)
Denver, Colorado 80225
Robert F. Stewart (Primary)
Phone: (303)236-6900 (DutyHrs.)
FAX: (303) 236-4093
cc:Mail: -INTERIOR-CCM (Robert F Stewart)
Internet: robert_f_stewart@ios.doi.gov
William C. Allan (Alternate)
Phone: (303) 236-6900 (Duty Hrs.)
FAX: (303) 236-4093
cc:Mail: -INTERIOR-CCM (William Allan)
Internet: wiIliam_allan@ios.doi.gov
Bureau of Indian Affairs
(a) Iowa and Missouri
Bureau of Indian Affairs
Minneapolis Area Office
331 Second Avenue South
Minneapolis, Minnesota 55401-2241
Herb Nelson (Primary)
Phone: (612)373-1143 (DutyHrs.)
FAX: (612)373-1186
Beeper: 1-800-759-8888
Pin No. 2163072
cc:Mail: -Interior-CCM (To: Herb Nelson)
Internet: No address
Bob Kaefring (Alternate)
Phone: (612)373-1054 (DutyHrs.)
FAX: (612)373-1186
cc:Mail: -Interior-CCM (To: Bob Kaefring)
Internet: No address
REVISION ONE 12/96
-------
(b) Kansas Bureau of Indian Affairs
Anadarko Area Office
P.O. Box 368
Anadarko, Oklahoma 73005-0368
Mike Reed (Primary)
Phone: (405) 247-6673, x-249
FAX: (405)247-2219
cc:Mail: ~Interior-CCM (To: Mike J Reed)
Internet: No address
John Baggs (Alternate)
Phone: (405) 247-6673, x-210
FAX: (405)247-2219
cc:Mail: -Interior-CCM (To: John Baggs)
Internet: No address
(c) Nebraska Bureau of Indian Affairs
Aberdeen Area Office
115 4th Ave., S.E.
Aberdeen, South Dakota 57401
Roy Pulfrey (Primary)
Phone: (605)226-7621
FAX: (605) 226-7358
cc:Mail: -Interior-CCM (To: Roy Pulfrey)
Internet: No address
Bureau of Land Management
(a) Iowa and Missouri
Bureau of Land Management
Milwaukee District Office
P.O. Box 631
Milwaukee, Wisconsin 53201
Singh Ahuja (Primary)
Phone: (414)297-4429
FAX: (414)297-4409
cc:Mail: -Interior-CCM (To: Singh Ahuja)
Internet: -Internet (sahuja@es.blm.gov)
Mary Trautner (Alternate)
Phone: (414)297-3953
Cellular: (414)573-0160
FAX: (414)297-4409
cc:Mail: -Interior-CCM (To: Mary Trautner)
Internet: -Internet (mtrautner@es.blm.gov)
REVISION ONE 12/96
-------
(b) Kansas Bureau of Land Management
New Mexico State Office
P.O. Box 27115
Santa Fe, New Mexico 87502-0115
ForHazMat Dave Sinclair (Primary)
Incidents: Phone: (505)438-7423
FAX: (505)438-7426
cc:Mail: ~Interior-CCM (To: Dave Sinclair)
Internet: No address
For Oil/Petro Gary Stephens (Primary)
Incidents: Phone: (505)438-7451
FAX: (505)438-7456
cc:Mail: -Interior-CCM (To: Gary Stephens)
Internet: No address
(c) Nebraska Bureau of Land Management
Wyoming State Office
P.O. Box 1828
2515 Warren Avenue
Cheyenne, Wyoming 82001
For HazMat Martin Griffith (Primary)
Incidents: Phone: (307) 775-6093
FAX: (307)775-6082
cc:Mail:
Internet:
For Oil/Petro Ron Hilton (Primary)
Incidents: Phone: (307) 775-6197
FAX: (307)775-6203
cc:Mail:
Internet:
Rob Coleman (Alternate)
Phone: (307)775-6193
FAX: (307)775-6203
cc:Mail:
Internet:
Bureau of Reclamation
Bureau of Reclamation
Great Plains Region
P.O. Box 36900
Billings, Montana 59107-6900
(Duty Hrs.)
(Duty Hrs.)
(Duty Hrs.)
(Duty Hrs.)
(Duty Hrs.)
REVISION ONE 12/96
-------
Roxanne Peterson (Primary)
Phone: (406) 247-7748
FAX: (406)247-7793
cc:Mail: -Interior-CCM (Roxanne Peterson)
Internet: No address
(Duty Hrs.)
Dave Scanson (Alternate)
Phone: (406) 247-7779
FAX: (406) 247-7793
cc:Mail: -Interior-CCM (David Scanson)
Internet: No address
(Duty Hrs.)
Fish and Wildlife Service - Kansas. Nebraska
U.S. Fish and Wildlife Service
Mountain-Prairie Regional Office
Ecological Services
P.O. Box 25486
Denver, Colorado 80225
Patty Stevens (Primary)
Phone: (303) 236-8155 ext. 251 (Duty Hrs.)
FAX: (303)236-0027
cc:Mail: -IFWS (To: Patty Stevens)
Internet: -Internet (patty_stevens@mail.fws.gov)
Larry Gamble (Alternate)
Phone: (303) 236-7400 ext. 261 (Duty Hrs.) .
FAX: (303)236-0027
cc:Mail: -IFWS (To: Larry Gamble)
Internet: -Internet (larry_r_gamble@mail.fws.gov)
Ecological Services
Kansas State Office
315 Houston St., Suite E
Manhattan, Kansas 66502
George Allen (Primary)
Phone: (913) 539-3474 (Duty Hrs.)
FAX: (913) 539-8567
cc:Mail: -IFWS (To: R6FWE_MAN)
Internet: -Internet (r6fwe_man@mail.fws.gov)
Susan Blackford (Alternate)
Phone: (913)539-3474 (Duty Hrs.)
FAX: (913) 539-8567
cc:Mail: -IFWS (To: R6FWE_MAN)
Internet: -Internet (r6fwe_man@mail.fws.gov)
(a) Kansas
U.S. Fish and Wildlife Service
REVISION ONE 12/96
-------
(b) Nebraska
U.S. Fish and Wildlife Service
Ecological Services
Nebraska State Office
203 W. 2nd St., 2nd Floor
Grand Island, Nebraska 68801-5907
Brent Esmoil (Primary)
Phone: (308) 3 82-6468 ext. 14 (Duty Hrs.)
FAX: (308)384-8835
cc:Mail: -IFWS (To: R6FWE_GRI)
Internet: -Internet (brent_esraoiI@mail.fws.gov)
Steve Anschutz (Alternate)
Phone: (308) 382-6468 ext. 12 (Duty Hrs.)
FAX: (308)384-8835
cc:Mail: -IFWS (To: R6FWEJ3RI)
Internet: -Internet (steve_anschutz@mail.fws.gov)
U.S. Fish and Wildlife Service
Midwest Regional Office
Ecological Services
Federal Building, Ft. Snelling
Twin Cities, Minnesota 55111
Terence J. Miller (Primary)
Phone: (612)725-3536 x-230 (Duty Hrs.)
FAX: (612) 725-3526
cc:Mail: -INTERIOR-CCM (Miller, TJ)
Internet: tj_miller@mail.fws.gov
Stan Smith (Alternate)
Phone: (612) 725-3536 x-231 (Duty Hrs.)
FAX: (612)725-3526
cc:Mail: -INTERIOR-CCM (Smith, Stan)
Internet: stan_smith@mail.fws.gov
FWS - Iowa and Missouri
(a) |owa
U. S. Fish and Wildlife Service
Ecological Services
4469 48th Avenue Court
Rock Island, Illinois 61201
Mike Coffey (Primary)
Phone: (309) 793-5800 ext. 515
FAX: (309)793-5804
cc:Mail: -INTERIOR-CCM (Coffey, Mike)
Internet: mike_coffey@mail.fws.gov
(Duty Hrs.)
REVISION ONE 12/96
-------
Jody Millar (Alternate)
Phone: (309) 793-5800 ext. 524
FAX: (309) 793-5804
cc:Mail: -INTERIOR-CCM (Millar, Jody)
Internet: jody_j_millar@mail.fws.gov
(Duty Hrs.)
Melanie Young (Alternate)
Phone: (309) 793-5800 ext. 514
(Duty Hrs.)
FAX: (309)793-5804
cc:Mail: -INTERIOR-CCM (Young, Melanie)
Internet: melanie_young@mail.fws.gov
DeSoto National Wildlife Refuge
RR#1, Box 114
Missouri Valley, Iowa 51555
George E. Gage (Primary)
Phone: (712)642-4121 (Duty Hrs.)
FAX: (712)642-2877
cc:Mail: -INTERIOR-CCM (Gage, George)
Internet: george__gage@mail.fws.gov
Mike Coffey (Alternate)
Phone: (309) 793-5800 ext. 515
FAX: (309)793-5804
cc:Mail: -INTERIOR-CCM (Coffey, Mike)
Internet: mike_coffey@maiI.fws.gov
(b) Missouri
U. S. Fish and Wildlife Service
Ecological Services
608 East Cherry St., Room 207
Columbia, Missouri 65201
Colette Charbonneau (Primary)
Phone: (573) 876-1911 X108
FAX: (314)876-1914
cc:Mail: -INTERIOR-CCM (Charbonneau, Colette)
Internet: colette_charbonneau@mail.fws.gov
(Duty Hrs.)
Gary D. Frazer (Alternate)
Phone:(573) 876-1911 X104
FAX: (314) 876-1914
cc:Mail: -INTERIOR-CCM (Frazer, Gary D)
Internet: gary_d_frazer@mail.fws.gov
(Duty Hrs.)
REVISION ONE 12/96
-------
National Park Service
Midwest Regional Office
1709 Jackson St.
Omaha, Nebraska 68102-2571
John Townsend (Primary)
Phone: (402)221-3416
FAX: (402)342-2283
cc:Mail: -INTERIOR-CCM (To: John Townsend)
Internet: jt_townsend@nps.gov
(Duty Hrs.)
U.S. Geological Survey
(a) Iowa
District Chief, WRD
U.S. Geological Survey
Federal Building, Room 269
400 S. Clinton Street
P.O. Box 1230
Iowa City, Iowa 52240
Rob Middlemis-Brown (Primary)
Phone: (319) 337-4191 (Duty Hrs.)
FAX: (319)358-3606
cc:Mail:
Internet: rgbrown@usgs.gov
(b) Kansas
District Chief, WRD
U.S. Geological Survey
4821 Quail Crest Place
Lawrence, Kansas 66049
Walt Aucott (Primary)
Phone: (913) 832-3505
FAX: (913) 832-3500
cc:Mail:
Internet:
(Duty Hrs.)
(c) Missouri
District Chief, WRD
U.S. Geological Survey
1400 Independence Road, MS 200
Rolla, Missouri 65401
James H. Barks (Primary)
Phone: (573)-308-3665
FAX: • (573)-308-3645
(Duty Hrs.)
cc:Mail:
Internet: jbarks@usgs.gov
REVISION ONE 12/96
-------
(d) Nebraska District Chief, WRD
U.S. Geological Survey
Federal Bldg. and Court House
100 Centennial Mall N., Room 406
Lincoln, Nebraska 68508
Linda Weiss (Primary)
Phone: (402) 437-5082
FAX: (402)437-5139
cc:Mail:
Internet: lsweiss@usgs.gov
Dan Fitzpatrick (Alternate)
Phone: (402) 437-5082
FAX: (402)437-5139
cc:Mail:
Internet: djfitzpa@usgs.gov
Office of Surface Mining
Office of Surface Mining
Mid-Continent Regional Coordinating Center
501 Belle, Alton Federal Building
Alton, Illinois 62002
Charles Sandberg (Primary)
Phone: (618)463-6460
FAX: (618)463-6470
cc:Mail: -INTERIOR-CCM (CESandbe)
Internet:
REVISION ONE 12/96
-------
APPENDIX E
FUND REIMBURSEMENT
(NPFC)
(TO BE DONE)
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX F
REGIONAL
SPILL HISTORY
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
EPA REGION VII
DATE; 02/05/96
EMERGENCY RESPONSE AMD REMOVAL BRANCH
TOP TEN Oil RELEASE RETORTS FROM 1988-1995
PAGE:
»»»»»> THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. «««««
CASE NUMBER RESPONSIBLE PARTY
NRC NUMBER INCIDENT LOCATION
8PT DATE CITY, STATE ZIP (COUNTY)
HATER IAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
OIL: CRUDE £3000 barret(s)]
01091BM 1050 TEXACO PIPELINE
54170 AN 8" PIPELINE / UNKNOWN CAUSE OF
01/09/91 RELEASE.
AUGUSTA, ICS {SUTLER)
PIPELINE
UNKNOWN
NONE
NATURE OF INCIDENT:
RESPONSE ACTION :
AN 8" PIPELINE / UNKNOWN CAUSE OF RELEASE.
VAC TRUCKS ENROUTE AND SPILL HAS BEEN DIKED.
JET FUEL: JP-5 (KEROSENE, HEAVY) (534 barrel(s)J
04055H 0843 CHASE TRANSPORTATION CO
285712 RR 1 BOX 173A
04/05/95 EL.DORADO, KS 67042
(SUTLER)
FIXED FACILITY
EQUIPMENT FAILURE
NOME
MATURE OF INCIDENT:
'ESPONSE ACTION :
NO. 1 PUMP BLEED OFF LINE / RUPTURED CAUSING MATERIAL TO RELEASE.
BUILT DAMS TO CONTAIN; VAC TRUCKS AT THE SCENE.
OIL, FUEL: NO. 2-D 12000 barrel(s)]
7125JJK1230 KANAB PIPELINE
"*6 NW QUARTER S 31, T 25S, R 5E
_/95 UNKNOWN, KS (BUTLER)
ATURE OF INCIDENT:
ESPONSE ACTION :
AN 8" UNDERGROUND TRANSMISSION PIPELINE RUPTURED.
SECURED LEAK; VAC TRUCKS ARE BEING USED FOR CLEANUP.
PIPELINE
EQUIPMENT FAILURE
CRK>COW PASTURE
CRK>WALNUT R1V
OIL: CRUDE (800 barret(s))
10930W 1200 TOTAL PETROLEUM
07124 1400 SOUTH M ST
1/09/93 ARKANSAS CITY, KS 67005
(COWLEY)
FIXED FACILITY
EQUIPMENT FAILURE
NONE
ATURE OF INCIDENT:
ESPONSE ACTION
OVERFLOWED DUE TO A OEVEL GAUGE MALFUNCTION.
OIL WAS CONTAINED IN CONTAINMENT DIKE. VAC TRUCKS USED TO PUMP OUT, SOME
SPRAY FOAM USED ON SPILL.
S178NM11000 WILLIAMS PIPELINE CO.
SE 1/4, NU 1/4, SEC 28-29-25E
i/17/88 , KS (CRAWFORD)
UNLEADED GASOLINE (507 barret(s)]
PIPELINE
TRANSPORTATION ACCIDENT
NONE
JURE Of INCIDENT: COUNTY DOZER PUNCTURED LINE WHILE MOVING ROCK IN ABANDONED PART OF COUNTY
SPONSE ACTION : CHECKED WITH EXPLOSIMEIER, OK. REPAIRED LINE. TRENCH DUG. ISOLATING AREA.
-------
EPA REGION Vil
DATE: 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEN OIL RELEASE REPORTS FROM 1988-1995
PAGE:
»»»»» the FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED 8Y THE EPA PRIOR TO INVESTIGATION . <<<<<<<<<<
USE NUMBER RESPONSIBLE PARTY
RC NUMBER INCIDENT LOCATION
PT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
2184DW 0900 KOCH PIPELINE
22248 16 MILES NORTH OF GREELEY, SEC 5,
2/18/94 RANGE 42W, TOWNSHIP 16S
GREELEY, KS 66033- (GREELEY)
OIL: CRUDE £600 barrel(s)]
PIPELINE
OPERATIONAL ERROR
NONE
ITURE OF INCIDENT: AN 8" PIPELINE DAMAGED BY 'THIRD PARTY' EXCAVATION.
ESPONSE ACTION : VAC TRUCK ON SITE. CLEANUP CONTRACTOR AND KDHE ARE ON SITE.
I239K1734 JAYHAWK PIPELINE CORP.
NW 1/4, S 31, T29N R1W
1/23/89 2 1/2 HI SEDGWICK, ICS
CRUDE OIL [500 barrel(s)}
(HARVEY)
PIPELINE
TRANSPORTATION ACCIDENT
NONE
TORE OF INCIDENT: A 10-INCH MAIN STRUCK BY FRONT WHEEL LOADER. SOIL CONTAMINATION ONLY.
ISPONSE ACTION : CONTAINED IN DITCH. DRY WATER-WAY. VAC TRUCK ON SCENE.
PETROLEUM NAPHTHA [1000 barrelCs)]
081CAB1010 FARMLAND INDUSTRIES INC.
561 PO BOX 608
/08/91 PHILLIPSBURG, KS 67661
(PHILLIPS)
PIPELINE
EQUIPMENT FAILURE
NONE
TURE OF INCIDENT: PIPELINE FROZE AND BROKEN.
SPONSE ACTION : PUMPING MATERAIL INTO STORAGE TANK. URL EXCAVATE CONTAMINATED SOIL.
OIL: CRUDE [40000 gallon(s)]
011GH 1930 SAM MAZE PETROLEUM
20? CHALK RD
/01/91 ALMA, KS
(WABAUNSEE)
ABOVE GROUND TANK
OTHER
NONE
TURE OF INCIDENT: EIGHT STORAGE TANKS / FIRE.
SPONSE ACTION : FIRE DEPT ON SCENE FIGHTING THE FIRE.
TANK BOTTOM SLUDGE [1045 barretCs)]
278G161Q WILLIAMS PIPELINE
NW/4, SEC 28, T10S, R25E
Z27/88 KANSAS CITY, KS
(WYANDOTTE)
FIXED FACILITY
EQUIPMENT FAILURE
NONE
TURE OF INCIDENT: VALVE SPLIT ON STORAGE TANK LINE
SPONSE ACTION : RP IS CLEANING UP
-------
EPA REGION VII
DATE: 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEH OIL RELEASE REPORTS FROM 1988-1995
PAGE!
»»»»» THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. ««««««
CASE NUMBER RESPONSIBLE PARTY
NRC NUMBER INCIDENT LOCATION
RPT DATE CITY, STATE ZIP (COUNTY)
MATERIAL (quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
11080MM 1410 UAREHOUSER PAPER CO.
46934 800 W. PARKER STREET
11/08/90 WATERLOO, IA
OIL, FUEL: NO. 2 [12000 gaUon(s)]
(BLACK HAWK}
PIPELINE
EQUIPMENT FAILURE
NONE
HATURE OF INCIDENT: A 3/4" RETURN LINE CORRODED.
RESPONSE ACTION s CONTRACTOR TO CLEANUP.
GASOLINE [8700 gal tents)]
J1040JU 032? (PACK?) TRANSPORT
10NE
51/04/90 GREELEY, IA
(DELAWARE)
HIGHWAY
TRANSPORTATION ACCIDENT
NONE
1ATURE OF INCIDENT: OVERTURNED CAR.
IESPONSE ACTION : WILL RESPOND WHEN LIGHT I TRAVEL PERMITS.
GASOLINE (REGULAR) [536 barrel(s))
14268MDG1735 KANDB PIPELINE
COUNTY RD B, 1 MILE 6 WEST OF MILFORD
V8B MILFORD, IA (DICKINSON)
FIXED FACILITY
OPERATIONAL ERROR
NONE
ATURE OF INCIDENT: ABOVE GROUND STORAGE WAS OVERFILLED.
ESPONSE ACTION : PRODUCT CONTAINED WITHIN DIKED AREA. PUMPING SPILLED NATL INTO PORTABLE
CALIBRATION TANK. SUMPS TO BE PUMPED.
GASOLINE [300 barrel(s)J
4249H1605 AMOCO PIPELINE
SEC. 4, T 88N, R 2E, 1 MILE SY OF
i/24/89 DUBUQUE
DUBUQUE, IA (DUBUQUE)
PIPELINE
UNKNOWN
NONE
VTURE OF INCIDENT; A 10-INCH BURIED PIPELINE WAS HIT BY A THIRD PARTY.
ESPOUSE ACTION : RESPONSE TEAM EN ROUTE. COMPANY CALLED STATE.
GASOLINE [9000 gatlon(s)]
JQ89DJA0410 BORK TRANSPORT
WE MILE MARKER 175.5, WEST BOUND 1-80
708/89 KELLOG, IA (JASPER)
HIGHWAY
TRANSPORTATION ACCIDENT
SURFACE WATER
JURE OF INCIDENT
SPONSE ACTION
SINGLE VEHICLE ACCIDENT, TRUCK OVERTURNED ON ITS TOP. POSSIBLY 9000 GAL.
NO FIRE YET. STAY UPWIND OF FUMES. SAND TO DIKE DOWNGRADE FROM TRUCK.
GASOLINE [10000 gatton(s)]
228JR0810 JOHN SCHULTZ CORNER STORE
1-380 ACCESS RD, S EDGE OF TOWN
'88 CENTER POINT, IA (LINN)
UNDERGROUND TANK
EQUIPMENT FAILURE
NONE
TURE OF INCIDENT
SPONSE ACT I OK
LOOSE FITTING ON PUMP DISCHARGE.
FIX LEAK. BEGIN CLEAN-UP. CONTACT CONSULTANT FOR MYDROGEO STUDY.
-------
* -•
I
EPA REGION VII
DATE: 02/05/96
EMERGENCE RESPONSE AMD REMOVAL BRANCH
TOP TEN OIL RELEASE REPORTS FROM 1988-1995
PAGE:
»»»»» THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. «««««
ASE NUMBER RESPONSIBLE PARTY
RC NUMBER INCIDENT LOCATION
PT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
71330V 1130 MARTIN MARIETTA
86039 620 S 11TH ST
7/13/93 WEST DES MOINES, IA 50322
OIL, GASOLINE, DIESEL 117000 satton(s)J
(POLK)
*TURE OF INCIDENT:
=SPONSE ACTION :
NINE ASTS ARE THREATENED BY FLOOD WATERS / FLOOOING.
TANKS HAVE BEEN TETHERED, FURTHER ACCESS TO THE TANKS HAS BEEN DENIED UNTIL
THE FLOOD WATERS RECEDE. NO RELEASE HAS OCCURRED AT THIS POINT.
FIXED FACILITY
NATURAL PHENOMENON
DES MOINES RIV
(POTENTIALLY)
S241M 1123 NAT. COOP. REFINERY ASSC.
¦>693 825 E. OMAHA BRIDGE RD
i/24/91 COUNCIL BLUFFS, IA
GASOLINE [500 barrel(s)]
(POTTAWATOMIE)
ABOVE GROUND TANK
EQUIPMENT FAILURE
NONE
TURE OF INCIDENT
SPONSE ACTION
RUPTURED DRAIN HOSE OK ABOVE GROUND STORAGE TANK.
CONTAINED IN DIKED AREA AND PUMPING INTO HOLDING TANK.
GASOLINE [200 barreUs))
<290M 1839 WILLIAMS PIPELINE CO PIPELINE
016 CO. FACILITY, 4300 41ST ST EQUIPMENT FAILURE
729/90 SIOUX CITY, IA (WOODBURY) NONE
JURE OF INCIDENT: A 10" TRANSMISSION LINE / EXTERNAL CORROSION.
SPONSE ACTION : LEAK ISOLATED AND REPAIRED.
OIL: DIESEL [706 barreUs)]
190PE01600 WILLIAMS PIPELINE CO UNDERGROUND TANK
730 4300 41ST ST OPERATIONAL ERROR
/19/90 SIOUX CITY, IA (WOOOBURY) NONE
TURE OF INCIDENT: STORAGE TANK / OVERFILLED.
SPONSE ACTION : OIL IS IN CONTAINMENT AREA.
-------
EPA REGION VII
DATE: 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEN OIL RELEASE REPORTS FROM 1988-1995
PAGE;
»»»»» THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PR I OB TO INVESTIGATION. «««««
CASE NUMBER RESPONSIBLE PARTY
NRC NUMBER INCIDENT LOCATION
RPT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
OIL: CRUDE [200 barrel(s»
07051H 0940 MARATHON PIPELINE CO
78084 ON HVY 24, 3 HILES WEST OF SALISBURY
07/05/91 SALISBURY, MO (CHARITON)
PIPELINE
UNKNOWN
NONE
NATURE OF INCIDENT:
RESPONSE ACTION :
RELEASE FROM CRUDE OIL PIPELINE
PIPELINE SHUTDOWN. PICKED UP BY VACUUM TRUCK.
REMAINING SOIL EXCAVATED.
OIL: CRUDE [1000 barrel(s)3
Q1102DES0120 PLATTE PIPELINE
102307 SEC 13, R17W, T53N ( 1 MILE E. OF
01/10/92 SALISBURY STATION)
SALISBURY, MO 65281- (CHARITON)
PIPELINE
UNKNOWN
TRIBUTARY OF THE
CHARITON RIV.
NATURE OF INCIDENT:
RESPONSE ACTION :
A 20" TRANSPORTATION PIPELINE / EXPERIENCED LOSS OF PRESSURE IN THE LINE.
MDNR ON SCENE. INSTALLED DIKE IN DRAINAGE DITCH. CLEANUP CONTRACTOR ENROUTE.
18172M 1145 TERMINAL CONSOLIDATION
DIESEL (8000 gal loots)]
USED OIL [ unknown]
3600 GREAT MIDWEST DRIVE (JUST EAST OF
1-435 AND 210 HIGHWAY)
KANSAS CITY, MO 64161- (CLAY)
FIXED FACILITY
EQUIPMENT FAILURE
NONE
1ATURE OF INCIDENT:
iESPONSE ACTION :
3/4 YEARS AGO CO LOST 8000 GAL FR UST.
EPA/EPSR NOTIFIED MDNR.
NEVER CLEANED UP.
UNLEADED GASOLINE £200 barrel(s))
.2023TJC0115 CONOCO PIPELINE
H0607 T44N, R1W, SEC25 NE1/4 US SURVEY 1925
2/02/93 WASHINGTON, MO 63090- (FRANKLIN)
PIPELINE
UNKNOWN
DUBOIS CREEK TO MO RIV
¦ATURE OF INCIDENT: A 10" PIPELINE, WOOO RIVER PIPELINE / REL. DUE TO UNKNOWN CAUSE.
ESPOUSE ACTION : LEPC & FD ON SCENE, NURSING HOME AND MOTEL EVACUATED, HAY BAILS OEPLOYED.
BOOMS WILL BE DEPLOYED, LEAK HAS BEEN SECURED.
OIL, FUEL: NO. 1-0 [200 barret(s)]
1123DH 0948 CONOCO INC
07575 3 MILES SW OF DIAMOND, MO. 4 MILES
1/12/93 NORTH OF NEOSHO - SEC 19, RANGE 31W,
TOWNSHIP 26N
DIAMOND, MO 64840- (NEWTON)
PIPELINE
EQUIPMENT FAILURE
NONE
4TURE OF INCIDENT:
ESPONSE ACTION :
A 10" PIPELINE / SPLIT IN LINE.
SHUT DOWN LINE. CLOSED-IN BLOCK VALVES. ALL MATERIAL EITHER CONTAINED ON
SIDE OF HILL OR FARMER'S CATCHMENT POND.
-------
EPA REGION VII
DATE; 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEN OIL RELEASE REPORTS FROM 1988-1995
PAGE:
>>»»»>> THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. «««««
ASE NUMBER RESPONSIBLE PARTY
RC NUMBER INCIDENT LOCATION
PT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
D274MTR2000 MO STATE HWY DIV
57334 1-32
3/27/94 SAINTS GENEVIEVE, MO 63670-
Oll: CRUDE 18000 g«Uon(s»
CSAINTE GENEVIEVE)
ABOVE GROUND TANK
UNKNOWN
NONE
VTURE OF INCIDENT: SPECIFIED BY CALLER AS STORAGE TANK / UNKNOWN CAUSE OF RELEASE.
•SPONSE ACTION : MONR WILL RESPOND FROM DISTRICT OFFICE.
OIL: CRUDE 11000 barrelCs)]
i270DES1320 KOCH PIPELINE
,001 PIPELINE M1LEP0ST 33 OFF HWY 79
/27/90 ST. CHARLES, MO (ST. CHARLES)
PIPELINE
EQUIPMENT FAILURE
NONE
TURE OF INCIDENT: PIPELINE IS LEAKING.
SPONSE ACTION : ON 05/29/90, MDNR CALLED AND REPORTED THAT STATE HAD INVESTIGATED AND THE
SHEEN ON THE WATER WAS CAUSED BY STAGNANT; THERE WAS NO SPILL.
X-GRADE #2 FUEL OIL (233 barrel(s)]
268MTR0855 WILLIAMS PIPELINE
/26/S8 ST. CHARLES, MO
{ST. CHARLES)
PIPELINE
NONE
TURE OF INCIDENT: CONTRACTOR LAYING H20 LINE BREACHED 8" OIL PIPELINE
SPONSE ACTION : MDNR IS MONITORING CLEANUP. 128 OF 233 BARRELS RECOVERED. MINIMAL SOIL
REMOVAL
PREMIUM GASOLINE 1586 barret(s)]
205WR 1608 CLARK REFINING AND MARKET UNDERGROUND TANK
3135 4070 SOUTH 1ST ST. EQUIPMENT FAILURE
'20/95 ST. LOUIS, MO 63118 (ST. LOUIS) NONE
"URE OF INCIDENT
IPONSE ACTION
PIPELINE TERMINAL / LEAK IN STORAGE TANK # 94.
MDNR ENRQUTE; EPA ON-SCENE COORDINATOR IS RESPONDING TO THE INCIDENT.
GASOLINE: AUTOMOTIVE (200 barrel(S)]
SOM 0115 WILLIAMS PIPELINE CO PIPELINE
55 EQUIPMENT FAILURE
08/90 SHELDON, MO (VERNON) NONE
JRE OF INCIDENT: A 12" PIPELINE RUPTURED.
»ONS£ ACTION : USING A BACKHOE TO DIKE OFF THE SPILL. CLEANUP ACTION WILL BE TAKEN.
PIPELINE SECURED.
-------
EPA REGION VJi
DATE: 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEH OIL RELEASE REPORTS FROM 1988-1995
PAGE:
»»»»» THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. «««««
CASE NUMBER RESPONSIBLE PARTY
NRC NUMBER INCIDENT LOCATION
RPT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
OIL, FUEL: NO. Z C65795 gallon(s)]
0201OUR 1055
06566
02/01/90
BURLINGTON NORTHERN R/R
ALLIANCE KAILYARD 500 U.
ALLIANCE, NE
KANSAS ST.
(BOX BUTTE)
ABOVE GROUND TANK
EQUIPMENT FAILURE
NONE
NATURE OF INCIDENT:
RESPONSE ACTION :
ABOVE GROUND TANK / BROKEN COUPLER.
EXCAVATING SOIL. FREESTANDING LIQUID BEING PUMPED UP.
DRIP CAS HOOOO gaUon(s)}
07139JJK1215 MARATHON OIL
299713 UNKNOWN
07/13/95 SIDNEY, NE
(CHEYENNE)
FIXED FACILITY
DUMPING
AQUIFER
NATURE OF INCIDENT:
RESPONSE ACTION :
CALLER STATES THAT THE NDEO AUTHORIZED MARATHON TO DUMP OIL INTO THE AQUIF.
CALLER STATES THAT HE HAS RECOVERED OVER 10000 6AL OF FUEL AND THAT THE STATE
IS AWARE OF THE PROBLEMS. EPA CALLED NDEC • WILL INVESTIGATE.
GASOLINE: AUTOMOTIVE [10000 gallon(s))
0602ID 1200 NEBRASKA -STATE GAME AND PARKS
WHITE RIVER
- _/91 CRAWFORD, NE (DAWES)
FIXED FACILITY
NATURAL PHENOMENON
WHITE RIVER
MATURE OF INCIDENT:
iESPONSE ACTION :
GASOLINE TANK / FLOCO EVENT WASHED AWAY FUEL STORAGE TANK.
NDEC IS INVESTIGATING INCIDENT.
ASPHALT EMULSION tllOOO galton(s))
>4061JW 2050
>6872
14/06/91
KOCH MATERIALS COMPANY
1404 GRACE ST.
OMAHA, NE (DOUGLAS)
ABOVE GROUND TANK
EQUIPMENT FAILURE
STORM SEWER (100 GAL)
"ATURE OF INCIDENT:
ESPONSE ACTION
ABOVE GROUND STORAGE TANK / RUPTURED FLOWLINE FROM THE TANK.
MATL SPILLED INTO CONTAINMENT DIKE, "100 GAL WENT TO SUMP THE STORM SEWER.
OIL, FUEL: NO. 2-D [10000 gatlon(s)]
03063K 1803
161004
33/06/93
UNION PACIFIC RAILROAD
2900 WEST FRONT ST
NORTH PLATT, NE 68102
(LINCOLN)
RAILWAY
EQUIPMENT FAILURE
NONE
MATURE OF INCIDENT: PIPE BETWEEN 2 TANKS BROKE.
5ESPOUSE ACTION : CREATED EARTHEN DAM, CREW EN ROUTE TO PICK UP SPILL. NDEC NOTIFIED AT 1810
HOURS.
OIL: DIESEL [10000 galton(s)]
I2095MJT0127 UNION PACIFIC RR
<—°2 4601 WEST FRONT ST
'95 NORTH PLATT, NE 69101
(LINCOLN)
ABOVE GROUND TANK
EQUIPMENT FAILURE
NONE
IATURE OF INCIDENT: STORAGE TANK / FAILED SHUT-OFF VALVE.
:ESP0NSE ACTION : LEAK IS SECURED, MATERIAL WAS CONTAINED, AND RECOVERY IS UNDERWAY.
-------
I
EPA REGION VII
DATE: 02/05/96
EMERGENCY RESPONSE AND REMOVAL BRANCH
TOP TEN OIL RELEASE REPORTS FROM 1988-1995
PAGE:
»»»»» THE FOLLOWING FIRST NOTIFICATION REPORTS REFLECT DATA COMPILED BY THE EPA PRIOR TO INVESTIGATION. «««««
CASE NUMBER RESPONSIBLE PARTY
NRC NUMBER INCIDENT LOCATION
RPT DATE CITY, STATE ZIP (COUNTY)
MATERIAL [quantity]
SOURCE
CAUSE
WATERWAY AFFECTED
11090GH 1200
47052
11/09/90
CONOCO PIPELINE CO
S SE 24, T 14N, R 31U
NORTH PLATTE, NE
GASOLINE: AUTOMOTIVE [200 barrel(s)]
(LINCOLN)
PIPELINE
EQUIPMENT FAILURE
NONE
NATURE OF INCIDENT:
RESPONSE ACTION :
ONE-INCH TRANSFER LINE TO PIPELINE / FAULTY UNION.
STOP SPRAY AND FIXING EQUIPMENT. PICKING UP REMAINING MATERIAL.
GASOLINE: AUTOMOTIVE (UNLEADED) [500 barrel(s)]
D4014DH 0927 KANEB PIPELINE CO
232798 10 MILES WEST OF COLUMBUS, SEC 36,
34/01/94 R2W, 18N
COLUMBUS, NE (PLATTE)
PIPELINE
EQUIPMENT FAILURE
DRAINAGE DITCH, POTENT.
UATER
MATURE OF INCIDENT:
ESPONSE ACTION :
AN 8" PIPELINE LEAKED DUE TO UNKNOWN CAUSES.
ACCORDING TO NRC REPORT SPILL WAS CONTAINED USING DIKES, LEAK HAS BEEN
SECURED, VAC TRUCKS ARE BEING USED TO RECOVER PROOUCT.
JP-4 JET FUEL [40000 gallon(s)]
2110MM 1600 K1NLEY COMPANY
ONE CAPEHART ROAD (OVER PAPIO CREEK)
2/11/90 BELLEVUE, NE (SARPY)
PIPELINE
EQUIPMENT FAILURE
PAPIO CREEK
ATURE OF INCIDENT:
ESPONSE ACTION :
PIPELINE - NO SPILLAGE OCCURRED YET AT TIME OF CALL.
REPAIRED. SECONDARY CONTAINMENT MEASURES SET UP DOWNSTREAM WHILE CREW WORKED.
GASOLINE: AUTOMOTIVE [8800 gallon(s)]
4030JU 2105 AMSBERRY INC
5692 HWY 83 BETWEEN M.P. 135 AND 136
4/03/90 NORTH PLATTE, NE (THOMAS)
HIGHWAY
TRANSPORTATION ACCIDENT
NONE
ATURE OF INCIDENT: TRANSPORT TRUCK COLLISION WITH A COW.
ESPONSE ACTION : TANK WAS REMOVED AND A CLEANUP CREW IS EN ROUTE.
-------
APPENDIX G
NATIONAL OIL
and
HAZARDOUS SUBSTANCES
POLLUTION
CONTINGENCY PLAN
(NCP)
40 CFR 300
SEPTEMBER 15,1994
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I
THIS PAGE INTENTIONALLY LEFT BLANK
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 1
Authority: 33 U.S.C. 1321(c)(2);
42 U.S.C. 9601-9657; E.O. 12777,
56 FR 54757, 3 CFR, 1991 Comp.
p.351; E.O. 12580, 52 FR 2923, 3
CFR, 1987 Comp. p. 193.
Subpart A-Introduction
§ 300.1 Purpose and objectives.
The purpose of the National Oil
and Hazardous Substances Pollution
Contingency Plan (NCP) is to
provide the organizational structure
and procedures for preparing for and
responding to discharges of oil and
releases of hazardous substances,
pollutants, and contaminants.
§ 300.2 Authority and
applicability.
The NCP is required by section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, 42 U.S.C. 9605, as amended
by the Superfund Amendments and
Reauthorization Act of 1986
(SARA), Pub. L. 99-499,
(hereinafter CERCLA), and by
section 311 (d) of the Clean Water
Act (CWA), 33 U.S.C. 1321(d), as
amended by the Oil Pollution Act of
1990 (OPA), Pub. L. 101-380. In
Executive Order (E.O.) 12777 (56
FR 54757, October 22, 1991), the
President delegated to the
Environmental Protection Agency
(EPA) the responsibility for the
amendment of the NCP.
Amendments to the NCP are
coordinated with members of the
National Response Team (NRT)
prior to publication for notice and
comment. This includes coordination
with the Federal Emergency
Management Agency (FEMA) and
the Nuclear Regulatory Commission
in order to avoid inconsistent or
duplicative requirements in the
emergency planning responsibilities
of those agencies. The NCP is
applicable to response actions taken
pursuant to the authorities under
CERCLA and section 311 of the
CWA, as amended.
§ 300.3 Scope.
(a) The NCP applies to and is in
effect for:
(1) Discharges of oil into or on the
navigable waters of the United
States, on the adjoining shorelines,
the waters of the contiguous zone,
into waters of the exclusive economic
zone, or that may affect natural
resources belonging to, appertaining
to, or under the exclusive
management authority of the United
States (See sections 311(c)(1) and
502(7) of the CWA).
(2) Releases into the environment
of hazardous substances, and
pollutants or contaminants which
may present an imminent and
substantial danger to public health or
welfare of the United States.
(b) The NCP provides for efficient,
coordinated, and effective response to
discharges of oil and releases of
hazardous substances, pollutants, and
contaminants in accordance with the
authorities of CERCLA and the
CWA. It provides for:
(1) The national response
organization that may be activated in
response actions. It specifies
responsibilities among the federal,
state, and local governments and
describes resources that are available
for response.
(2) The establishment of
requirements for federal, regional,
and area contingency plans. It also
summarizes state and local
emergency planning requirements
under SARA Title III.
(3) Procedures for undertaking
removal actions pursuant to section
311 of the CWA.
(4) Procedures for undertaking
response actions pursuant to
CERCLA.
(5) Procedures lor involving state
governments in the initiation,
development, selection, and
implementation of response actions,
pursuant to CERCLA.
(6) Listing of federal trustees for
natural resources for purposes of
CERCLA and the CWA.
(7) Procedures for the participation
of other persons in response actions.
(8) Procedures for compiling and
making available an administrative
record for response actions.
(9) National procedures for the use
of dispersants and other chemicals in
removals under the CWA and
response actions under CERCLA.
(c) In implementing the NCE,
consideration shall be given to
international assistance plans and
agreements, security regulations and
responsibilities based on
international agreements, federal
statutes, and executive orders.
Actions taken pursuant to the
provisions of any applicable
international joint contingency plans
shall be consistent with the NCP, to
the greatest extent possible. The
Department of State shall be
consulted, as appropriate, prior to
taking any action which may affect its
activities.
(d) Additionally, the NCP applies
to and is in effect when the Federal
Response Plan and some or all its
Emergency Support Functions
(ESFs) are activated.
§ 300.4 Abbreviations.
(a) Department and Agency Title
Abbreviations:
ATSDR-Agency for Toxic
Substances and Disease Registry
CDC-Centers for Disease Control
DOC-Department of Commerce
DOD-Department of Defense
DOE-Department of Energy
DOI-Department of the Interior
DOJ-Department of Justice
DOL-Department of Labor
DOS-Department of State
DOT-Department of Transportation
EPA-Environmental Protection
Agency
FEMA-Federal Emergency
Management Agency
GSA-General Services
Administration
HHS-Department of Health and
Human Services
NIOSH-National Institute for
Occupational Safety and Health
NOAA-National Oceanic and
Atmospheric Administration
OSHA-Occupational Health and
Safety Administration
-------
40 CFR-300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 2
RSPA-Research and Special
Program:- Administration
USCG-U ;~'"J States Coast Guard
USDA-t cd States Department ~r
Agriculture
Note: Reference is made in the
NCP to both the Nuclear Regulatory
Commission and the National
Response Center. In order to avoid
confusion, the NCP will spell out
Nuclear Regulatory Commission and
use the abbreviation NRC" only
with respect to the National
Response Center.
(b) Operational Abbreviations:
ACP-Area Contingency Plan
ARARs-Applicable or Relevant and
Appropriate Requirements
CERCLIS-CERCLA Information
System
CRC-Community Relations
Coordinator
CRP-Community Relations Plan
DRAT-District Response Advisory7
Team
DRG-District Response Group
ERT-Environmental Response Team
ESF-Emergency Support Function
FCO-Federal Coordinating Officer
FRERP-Federal Radiological
Emergency Response Plan
FRP-Federal Response Plan
FS-Feasibility Study
HRS-Hazard Ranking System
LEPC-Local Emergency Planning
Committee
NCP-National Contingency Plan
NPFC-National Pollution Funds
Center
NPL-National Priorities List
NRC-National Response Center
NRS-National Response System
NRT-National Response Team
NSF-National Strike Force
NSFCC-National Strike Force
Coordination Center
O&M-Operation and Maintenance
OSC-On-Scene Coordinator
OSLTF-Oil Spill Liability Trust Fund
PA-Preliminary Assessment
PIAT-Public Information Assist
Team
RA-Remedial Action
RCP-Regiona! Contingency Plan
RD-Remedial Design
RERT-Radiological Emergency
Response Team
RI-Remedial Investigation
ROD-Record of Decision
RPM-Remedial Project Manager
RRC-Regional Response Center
RRT-Regional Response Team
SAC-Support Agency Coordinator
SERC-State Emergency Response
Commission
Si-Site Inspection
SMOA-Superfund Memorandum of
Agreement
SONS-Spill of National Significance
SSC-Scientific Support Coordinator
SUPSALV-United States Navy
Supervisor of Salvage
USFWS-United States Fish and
Wildlife Service
§ 300.5 Definitions.
Terms not defined in this section
have the meaning given by CERCLA,
the OPA, or the CWA.
Activation means notification by
telephone or other expeditious
maimer or, when required, the
assembly of some or all appropriate
members of the RRT or NRT.
Alternative water supplies as
defined by section 101(34) of
CERCLA, includes, but is not limited
to, drinking water and household
water supplies.
Applicable requirements means
those cleanup standards, standards of
control, and other substantive
requirements, criteria, or limitations
promulgated under federal
environmental or state environmental
or facility siting laws that specifically
address a hazardous substance,
pollutant, contaminant, remedial
action, location, or other
circumstance found at a CERCLA
site. Only those state standards that
are identified by a state in a timely
manner and that are more stringent
than federal requirements may be
applicable.
Area Committee (AC) as provided
for by CWA sections 311 (a)( 1S) and
(j)(4), means the entity appointed by
the President consisting of members
from qualified personnel of federal,
state, and local agencies with
responsibilities that include
preparing an area contingency plan
for an area designated by the
President.
Area contingen-v plan (ACP) as
provided for by sections
311 (a)( 19) and <, means the plan
prepared by an Ai ~-a Committee that
is developed to be implemented in
conjunction with the NCP and RCP,
in part to address removal of a-worst
case discharge and to mitigate or
prevent a substantial threat of such a
discharge from a vessel, offshore
facility, or onshore facility operating
in or near an area designated by the
President.
Bioremediation agents means
microbiological cultures, enzyme
additives, or nutrient additives that
are deliberately introduced into an oil
discharge and that will significantly
increase the rate of biodegradation to
mitigate the effects of the discharge.
Burning agents means those
additives that, through physical or
chemical means, improve the
combustibility of the materials to
which they are applied.
CERCLA is the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended by the Superfund
Amendments and Reauthorization
Act of 1986.
CERCLIS is the abbreviation of the
CERCLA Information System, EPA's
comprehensive data base and data
management system that inventories
and tracks releases addressed or
needing to be addressed by the
Superfund program. CERCLIS
contains the official inventory of
CERCLA sites and supports EPA's
site planning and tracking functions.
Sites that EPA decides do not
warrant moving further in the site
evaluation process are given a "No
Further Response Action Planned"
(NFRAP) designation. This means
that no additional federal steps under
CERCLA will be taken at the site
unless future information so warrants.
Sites given a NFRAP designation are
placed in a separate archival data
base. Inclusion of a specific site or
area in the CERCLIS data base does
not represent a determination of any
parly's liability, nor does it represent
a finding that any response action is
necessary.
Chemical agents means those
-------
40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp3
elements, compounds, or mixtures
that coagulate, disperse, dissolve,
emulsify, foam, neutralize,
precipitate, reduce, solubilize,
oxidize, concentrate, congeal, entrap,
fix, make the pollutant mass more
rigid or viscous, or otherwise
facilitate the mitigation of deleterious
effects or the removal of the pollutant
from the water. Chemical agents
include biological additives,
dispersants, sinking agents,
miscellaneous oil spill control agents,
and burning agents, but do not
include sorbents.
Claim for purposes of a release
under CERCLA, means a demand in
writing for a sum certain; for
purposes of a discharge under CWA,
it means a request, made in writing
for a sum certain, for compensation
for damages or removal costs
resulting from an incident,
Claimant as defined by section
1001 of the OP A means any person
or government who presents a claim
for compensation under Title I of the
OPA.
Coastal waters for the purposes of
classifying the size of discharges,
means the waters of the coastal zone
except for the Great Lakes and
specified ports and harbors on inland
rivers.
Coastal zone as defined for the
purpose of the NCP, means all
United States waters subject to the
tide, United States waters of the
Great Lakes, specified ports and
harbors on inland rivers, waters of
the contiguous zone, other waters of
the high seas subject to the NCP, and
the land surface or land substrata,
ground waters, and ambient air
proximal to those waters. The term
coastal zone delineates an area of
federal responsibility for response
action. Precise boundaries are
determined by EPA/USCG
agreements and identified in federal
regional contingency plans.
Coast Guard District Response
Group (DRG) as provided for by
CWA sections 31 l(a)(20) and 0")(3),
means the entity established by the
Secretary of the department in which
the USCG is operating, within each
USCG district, and shall consist of:
the combined USCG personnel and
equipment, including marine
firefighting equipment, of each port
in the district; additional
prepositioned response equipment;
and a district response advisory team.
Community relations means EPA's
program to inform and encourage
public participation in the Superfund
process and to respond to community
concerns. The term "public" includes
citizens directly affected by the site,
other interested citizens or parties,
organized groups, elected officials,
and potentially responsible parties
(PRPs).
Community relations coordinator
means lead agency staff who work
with the OSC/RPM to involve and
inform the public about the
Superfund process and response
actions in accordance with the
interactive community relations
requirements set forth in the NCP.
Contiguous zone means the zone of
the high seas, established by the
United States under Article 24 of the
Convention on the Territorial Sea and
Contiguous Zone, which is
contiguous to the territorial sea and
which extends nine miles seaward
from the outer limit of the territorial
sea.
Cooperative agreement is a legal
instrument EPA uses to transfer
money, property, services, or
anything of value to a recipient to
accomplish a public purpose in
which substantial EPA involvement
is anticipated during the performance
of the project.
Damages as defined by section
1001 of the OPA means damages
specified in section 1002(b) of the
Act, and includes the cost of
assessing these damages.
Discharge as defined by section
311 (a)(2) of the CWA, includes, but
is not limited to, any spilling, leaking,
pumping, pouring, emitting,
emptying, or dumping of oil, but
excludes discharges in compliance
with a permit under section 402 of
the CWA, discharges resulting from
circumstances identified and
reviewed and made a part of the
public record with respect to a permit
issued or modified under section 402
of the CWA, and subject to a
condition in such permit, or
continuous or anticipated intermittent
discharges from a point source,
identified in a permit or permit
application under section 402 of the
CWA, that are caused by events
occurring within the scope of
relevant operating or treatment
systems. For purposes of the NCP,
discharge also means substantial
threat of discharge.
Dispersants means those chemical
agents that emulsify, disperse, or
solubilize oil into the water column
or promote the surface spreading of
oil slicks to facilitate dispersal of the
oil into the water column.
Drinking water supply as defined
by section 101 (7) of CERCLA,
means any raw or finished water
source that is or may be used by a
public water system (as defined in the
Safe DrinkingWater Act (42 U.S.C.
300 et seq.) or as drinking water by
one or more individuals.
Environment as defined by section
101 (8) of CERCLA, means the
navigable waters, the waters of the
contiguous zone, and the ocean
waters of which the natural resources
are under the exclusive management
authority of the United States under
the Magnuson Fishery Conservation
and Management Act (16 U.S.C.
1801 et seq.); and any other surface
water, ground water, drinking water
supply, land surface or subsurface
strata, or ambient air within the
United States or under the
jurisdiction of the United States.
Exclusive economic zone, as
defined by OPA section 1001, means
the zone established by Presidential
Proclamation Numbered 5030, dated
March 10, 1983, including the ocean
waters of the areas referred to as
"eastern special areas" in Article
3(1) of the Agreement between the
United States of America and the
Union of Soviet Socialist Republics
on the Maritime Boundary, signed
June 1, 1990.
Facility as defined by section
101(9) of CERCLA, means any
building, structure, installation,
equipment, pipe or pipeline
(including any pipe into a sewer or
publicly owned treatment works),
well, pit, pond, lagoon,
impoundment, ditch, landfill, storage
-------
40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 4
container, motor vehicle, rolling
stock, or aircraft, or any site or ares,
where a hazardous substance has
been deposited, stored, disposed of,
or placed, or otherwise come to be
located; but does not include any
consumer product in consumer use or
any vessel. As defined by section
1001 of the OP A, it means any
structure, group of structures,
equipment, or device (other than a
vessel) which is used for one or more
of the following purposes: Exploring
for, drilling for, producing, storing,
handling, transferring, processing, or
transporting oil. This term includes
any motor vehicle, rolling stock, or
pipeline used for one or more of
these purposes.
Feasibility study (FS) means a
study undertaken by the lead agency
to develop and evaluate options for
remedial action. The FS emphasizes
data analysis and is generally
performed concurrently and in an
interactive fashion with the remedial
investigation (RI), using data
gathered during the RI. The RI data
are used to define the objectives of
the response action, to develop
remedial action alternatives, and to
undertake an initial screening and
detailed analysis of the alternatives.
The term also refers to a report that
describes the results of the study.
Federal Radiological Emergency
Response Plan (FRERP) means the
inter-agency agreement for
coordinating the response of various
agencies, under a variety of statutes,
to a large radiological accident. The
Lead Federal Agency (LFA), defined
by the FRERP, activates the FRERP
for any peacetime radiological
emergency which, based upon its
professional judgment, is expected to
have a significant radiological effect
within the United States, its
territories, possessions, or territorial
waters and that could require a
response by several federal agencies.
Federal Response Plan (FRP)
means the agreement signed by 27
federal departments and agencies in
April 1987 and developed under the
authorities of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C.
7701 et seq.) and the Disaster Relief
Act of 1974 (42 U.S.C. 3231 et
seq.), as amended by the Stafford
Disaster Relief Act of 1988.
First federal official means the first
federal representative of a
participating agency of the National
Response Team to arrive at the scene
of a discharge or a release. This
official coordinates activities under
the NCP and may initiate, in
consultation with the OSC, any
necessary actions until the arrival of
the predesignated OSC. A state with
primary jurisdiction over a site
covered by a cooperative agreement
will act in the stead of the first federal
official for any incident at the site.
Fund or Trust Fund means the
Hazardous Substance Superftmd
established by section 9507 of the
Internal Revenue Code of 1986.
Ground water as defined by section
101(12) of CERCLA, means water in
a saturated zone or stratum beneath
the surface of land or water.
Hazard Ranking System (i IRS)
means the method used by EPA to
evaluate the relative potential of
hazardous substance releases to
cause health or safety problems, or
ecological or environmental damage.
Hazardous substance as defined by
• section 101(14) of CERCLA, means:
Any substance designated pursuant to
section 311 (b)(2)(A) of the CWA;
any element, compound, mixture,
solution, or substance designated
pursuant to section 102 of CERCLA;
any hazardous waste having the
characteristics identified under or
listed pursuant to section 3001 of the
Solid Waste Disposal Act (but not
including any waste the regulation of
which under the Solid Waste
Disposal Act (42 U.S.C. 6901 et
seq.) has been suspended by Act of
Congress); any toxic pollutant listed
under section 307(a) of the CWA;
any hazardous air pollutant listed
under section 112 of the Clean Air
Act (42 U.S.C. 7521 et seq.); and
any imminently hazardous chemical
substance or mixture with respect to
which the EPA Administrator has
taken action pursuant to section 7 of
the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.). The term
does not include petroleum, including
crude oil or any fraction thereof
which is not otherwise specifically
listed or designated as a hazardous
substance in the first sentence of this
paragraph, and the term does not
include natural gas, natural gas
liquids, liquified natural gas, or
synthetic gas usable for fuel (or
mixtures of natural gas and such
synthetic gas).
Indian tribe as defined by section
101 (36) of CERCLA, means any
Indian tribe, band, nation, or other
organized group or community,
including any Alaska Native village
but not including any Alaska Native
regional or village corporation, which
is recognized as eligible for the
special programs and services
provided by the United States to
Indians because of their status as
Indians.'' Indian tribe," as defined by
OPA section 1001, means any Indian
tribe, band, nation, or other organized
group or community, but not
including any Alaska Native regional
or village corporation, which is
recognized as eligible for the special
programs and services provided by
the United States to Indians because
of their status as Indians and has
governmental authority over lands
belonging to or controlled by the
tribe.
Inland waters, for the purposes of
classifying the size of discharges,
means those waters of the United
States in the inland zone, waters of
the Great Lakes, and specified ports
and harbors on inland rivers.
Inland zone means the environment
inland of the coastal zone excluding
the Great Lakes and specified ports
and harbors on inland rivers. The
term inland zone delineates an area of
federal responsibility for response
action. Precise boundaries are
determined by EPA/USCG
agreements and identified in federal
regional contingency plans.
Lead administrative trustee means a
natural resource trustee who is
designated on an incident-by-incident
basis for the purpose of
preassessment and damage
assessment and chosen by the other
trustees whose natural resources are
affected by the incident. The lead
administrative trustee facilitates
effective and efficient communication
during response operations between
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 5
the OSC and the other natural
resource-trustees conducting
activities associated with damage
assessment, and is responsible for
applying to the OSC for access to
response operations resources on
behalf of all trustees for initiation of a
damage assessment.
Lead agency means the agency that
provides the OSC/RPM to plan and
implement response actions under
the NCP. EPA, the USCG, another
federal agency, or a state (or political
subdivision of a state) operating
pursuant to a contract or cooperative
agreement executed pursuant to
section 104(d)(1) of CERCLA, or
designated pursuant to a Superfund
Memorandum of Agreement
(SMOA) entered into pursuant to
subpart F of the NCP or other
agreements may be the lead agency
for a response action. In the case of a
release of a hazardous substance,
pollutant, or contaminant, where the
release is on, or the sole source of the
release is from, any facility or vessel
under the jurisdiction, custody, or
control of Department of Defense .
(DOD) or Department of Energy
(DOE), then DOD or DOE will be
the lead agency. Where the release is
on, or the sole source of the release is
from, any facility or vessel under the
jurisdiction, custody, or control of a
federal agency other than EPA, the
USCG, DOD, or DOE, then that
agency will be the lead agency for
remedial actions and removal actions
other than emergencies. The federal
agency maintains its lead agency
responsibilities whether the remedy
is selected by the federal agency for
non-NPL sites or by EPA and the
federal agency or by EPA alone
under CERCLA section 120. The
lead agency will consult with the
support agency, if one exists,
throughout the response process.
Management of migration means
actions that are taken to minimize
and mitigate the migration of
hazardous substances or pollutants or
contaminants and the effects of such
migration. Measures may include, but
are not limited to, management of a
plume of contamination, restoration
of a drinking water aquifer, or
surface water restoration.
Miscellaneous oil spill control
agent is any product, other than a
dispersant, sinking agent, surface
washing agent, surface collecting
agent, bioremediation agent, burning
agent, or sorbent that can be used to
enhance oil spill cleanup, removal,
treatment, or mitigation.
National Pollution Funds Center
(NPFC) means the entity established
by the Secretary of Transportation
whose function is the administration
of the Oil Spill Liability Trust Fund
(OSLTF). Among the NPFC's duties
are: providing appropriate access to
the OSLTF for federal agencies and
states for removal actions and for
federal trustees to initiate the
assessment of natural resource
damages; providing appropriate
access to the OSLTF for claims; and
coordinating cost recovery efforts.
National Priorities List (NPL)
means the list, compiled by EPA
pursuant to CERCLA section 105, of
uncontrolled hazardous substance
releases in the United States that are
priorities for long-term remedial
evaluation and response.
National response system (NRS) is
the mechanism for coordinating
response actions by all levels of
government in support of the
OSC/RPM. The NRS is composed of
the NRT, RRTs, OSC/RPM, Area
Committees, and Special Teams and
related support entities. The NRS is
capable of expanding or contracting
to accommodate the response effort
required by the size or complexity of
the discharge or release.
National Strike Force (NSF) is a
special team established by the
USCG, including the three USCG
Strike Teams, the Public Information
Assist Team (PIAT), and the
National Strike Force Coordination
Center. The NSF is available to assist
OSCs/RPMs in their preparedness
and response duties.
National Strike Force Coordination
Center (NSFCC), authorized as the
National Response Unit by CWA
sections 311 (a)(23) and (j)(2), means
the entity established by the Secretary
of the department in which the USCG
is operating at Elizabeth City, North
Carolina with responsibilities that
include administration of the USCG
Strike Teams, maintenance of
response equipment inventories and
logistic networks, and conducting a
national exercise program.
Natural resources means land, fish,
wildlife, biota, air, water, ground
water, drinking water supplies, and
other such resources belonging to,
managed by, held in trust by,
appertaining to, or otherwise
controlled by the United States
(including the resources of the
exclusive economic zone defined by
the Magnuson Fishery Conservation
and Management Act of 1976), any
state or local government, any foreign
government, any Indian tribe, or, if
such resources are subject to a trust
restriction on alienation, any member
of an Indian tribe.
Navigable waters as defined by 40
CFR 110.1, means the waters of the
United States, including the territorial
seas. The term includes:
(1) All waters that are currently
used, were used in the past, or may
be susceptible to use in interstate or
foreign commerce, including all
waters that are subject to the ebb and
flow of the tide;
(2) Interstate waters, including
interstate wetlands;
(3) All other waters such as
intrastate lakes, rivers, streams
(including intermittent streams),
mudflats, sandflats, and wetlands, the
use, degradation, or destruction of
which would affect or could affect
interstate or foreign commerce
including any such waters;
(i) That are or could be used by
interstate or foreign travelers for
recreational or other purposes;
(ii) From which fish or shellfish are
or could be taken and sold in
interstate or foreign commerce;
(iii) That are used or could be used
for industrial purposes by industries
in interstate commerce;
(4) All impoundments of waters
otherwise defined as navigable
waters under this section;
(5) Tributaries of waters identified
in paragraphs (a) through (d) of this
definition, including adjacent
wetlands; and
(6) Wetlands adjacent to waters
identified in paragraphs (a) through
(e) of this definition: Provided, that
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 6
waste treatment systems (other than
cooling ponds meeting the criteria of
this paragraph) are not waters of the
United States.
(7) Waters of the United States dc
not include prior converted cropland.
Notwithstanding the determination of
an area's status as prior converted
cropland by any other federal agency,
for the purposes of the Clean Water
Act, the final authority regarding
Clean Water Act jurisdiction remains
with EPA.
Offshore facility as defined by
section 101 (17) of CERCLA and
section 311 (a)( 11) of the C WA,
means any facility of any kind located
in, on, or under any of the navigable
waters of the United States, and any
facility of any kind which is subject
to the jurisdiction of the United
States and is located in, on, or under
any other waters, other than a vessel
or a public vessel.
Oil as defined by section 311(a)(1)
of the CWA, means oil of any kind or
in any form, including, but not
limited to, petroleum, fuel oil, sludge,
oil refuse, and oil mixed with wastes
other than dredged spoil. Oil, as
defined by section 1001 of the OPA
means oil of any kind or in any form,
including, but not limited to,
petroleum, fuel oil, sludge, oil refuse,
and oil mixed with wastes other than
dredged spoil, but does not include
petroleum, including crude oil or any
fraction thereof, which is specifically
listed or designated as a hazardous
substance under subparagraphs (A)
through (F) of section 101 (14) of the
Comprehensive Environmental
Response, Compensation, and
Liability Act (42 U.S.C. 9601) and
which is subject to the provisions of
that Act.
Oil Spill Liability Trust Fund
(OSLTF) means the fund established
under section 9509 of the Internal
Revenue Code of 1986 (26 U.S.C.
9509).
On-scene coordinator (OSC)
means the federal official
predesignated by EPA or the USCG
to coordinate and direct responses
under subpart D, or the government
official designated by the lead agency
to coordinate and direct removal
actions under subpart E of the NCP.
Onshore facility as defined by
section 101 (18) of CERCLA, means
any facility (including, but not limited
to, motor vehicles and rolling stock)
of any kind located in, on, or under
any land or non-navigable waters
within the United States; and, as
defined by section 311 (a)( 10) of the
CWA, means any facility (including,
but not limited to, motor vehicles and
rolling stock) of any kind located in,
on, or under any land within the
United States other than submerged
land.
On-site means the areal extent of
contamination and all suitable areas
in very close proximity to the
contamination necessary for
implementation of the response
action.
Operable unit means a discrete
action the comprises an incremental
step toward comprehensively
addressing site problems. This
discrete portion of a remedial
response manages migration, or
eliminates or mitigates a release,
flu-eat of a release, or pathway of
exposure. The cleanup of a site can
be divided into a number of operable
units, depending on the complexity of
the problems associated with the site.
Operable units may address
geographical portions of a site,
specific site problems, or initial
phases of an action, or may consist of
any set of actions performed over
time or any actions that are
concurrent but located in different
parts of a site
Operation r. maintenance (O&M)
means measures required to maintain
the effectiveness of response actions.
Person as defined by section
101 (21) of CERCLA, means an
individual, firm, corporation,
association, partnership, consortium,
joint venture, commercial entity,
United States government, state,
municipality, commission, political
subdivision of r Late, or any
interstate body. As defined by section
1001 of the OPA, * * person" means an
individual, corporation, partnership,
association, state, municipality,
commission, or political subdivision
of a state, or any interstate body.
Pollutant or contaminant as defined
by section 101(33) of CERCLA,
shall include, but not be limited to,
any element, substance, compound,
or mixture, including disease-causing
agents, which after release into the
environment and upon exposure,
ingestion, inhalation, or assimilation
into any organism, either directly
from the environment or indirectly by
ingestion through food chains, will or
may reasonably be anticipated to
cause death, disease, behavioral
abnormalities, cancer, genetic
mutation, physiological malfunctions
(including malfunctions in
reproduction) or physical
deformations, in such organisms or
their offspring. The term does not
include petroleum, including crude
oil or any fraction thereof which is
not otherwise specifically listed or
designated as a hazardous substance
under section 101(14) (A) through
(F) of CERCLA, nor does it include
natural gas, liquified natural gas, or
synthetic gas of pipeline quality (or
mixtures of natural gas and such
synthetic gas). For purposes of the
NCP, the term pollutant or •-
contaminant means any pollutant or
contaminant that may present an
imminent and substantial danger to
public health or welfare of the United
States.
Post-removal site control means
those activities that are necessary to
sustain the integrity of a
Fund-financed removal action
following its conclusion.
Post-removal site control may be a
removal or remedial action under
CERCLA. The term includes,
without being limited to, activities
such as relighting gas flares,
rep' icing filters, and collecting
leachate.
Preliminary assessment (PA) under
CERCLA means review of existing
information and an off-site
reconnaissance, if appropriate, to
determine if a release may require
additional investigation or action. A
PA may include an on-site
reconnaissance, if appropriate.
Public participation, see the
definition for community relations.
Public vessel as defined by section
311 (a)(4) of the CWA, means a
vessel owned or bareboat-chartered
and operated by the United States, or
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40CFR300 NATIONAL OIL AMD HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp7
by a state or political subdivision
thereof, or by a foreign nation, except
when such vessel is engaged in
commerce.
Quality assurance project plan
(QAPP) is a written document,
associated with all remedial site
sampling activities, which presents in
specific terms the organization
(where applicable), objectives,
functional activities, and specific
quality assurance (QA) and quality
control (QC) activities designed to
achieve the data quality objectives of
a specific projeet(s) or continuing
operation(s). The QAPP is prepared
for each specific project or
continuing operation (or group of
similar projects or continuing
operations). The QAPP will be
prepared by the responsible program
office, regional office, laboratory,
contractor, recipient of an assistance
agreement, or other organization. For
an enforcement action, potentially
responsible parties may prepare a
QAPP subject to lead agency
approval."
Release as defined by section
101 (22) of CERCLA, means any
spilling, leaking, pumping, pouring,
emitting, emptying, discharging,
injecting, escaping, leaching,
dumping, or disposing into the
environment (including the
abandonment or discarding of
barrels, containers, and other closed
receptacles containing any hazardous
substance or pollutant or
contaminant), but excludes: Any
release which results in exposure to
persons solely within a workplace,
with respect to a claim which such
persons may assert against the
employer of such persons; emissions
from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel,
or pipeline pumping station engine;
release of source, byproduct, or
special nuclear material from a
nuclear incident, as those terms are
defined in the Atomic Energy Act of
1954, if such release is subject to
requirements with respect to financial
protection established by the Nuclear
Regulatory Commission under
section 170 of such Act, or, for the
purposes of section 104 of CERCLA
or any other response action, any
release of source, byproduct, or
special nuclear material from any
processing site designated under
section 102(a)(1) or 302(a) of the
Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7901
et seq.); and the normal application
of fertilizer. For purposes of the
NCP, release also means threat of
release.
Relevant and appropriate
requirements means those cleanup
standards, standards of control, and
other substantive requirements,
criteria, or limitations promulgated
under federal environmental or state
environmental or facility siting laws
that, while not "applicable" to a
hazardous substance, pollutant,
contaminant, remedial action,
location, or other circumstance at a
CERCLA site, address problems or
situations sufficiently similar to those
encountered at the CERCLA site that
their use is well suited to the
particular site. Only those state
standards that are identified in a
timely manner and are more stringent
than federal requirements may be
relevant and appropriate.
Remedial design (RD) means the
technical analysis and procedures
which follow the selection of remedy
for a site and result in a detailed set
of plans and specifications for
implementation of the remedial
action.
Remedial investigation (RI) is a
process undertaken by the lead
agency to determine the nature and
extent of the problem presented by
the release. The RI emphasizes data
collection and site characterization,
and is generally performed
concurrently and in an interactive
fashion with the feasibility study. The
RI includes sampling and monitoring,
as necessary, and includes the
gathering of sufficient information to
determine the necessity for remedial
action and to support the evaluation
of remedial alternatives.
Remedial project manager (RPM)
means the official designated by the
lead agency to coordinate, monitor,
or direct remedial or other response
actions under subpart E of the NCP.
Remedy or remedial action (RA)
means those actions consistent with
permanent remedy taken instead of,
or in addition to, removal action in
the event of a release or threatened
release of a hazardous substance into
the environment, to prevent or
minimize the release of hazardous
substances so that they do not
migrate to cause substantial danger to
present or future public health or
welfare or the environment. The term
includes, but is not limited to, such
actions at the location of the release
as storage, confinement, perimeter
protection using dikes, trenches, or
ditches, clay cover, neutralization,
cleanup of released hazardous
substances and associated
contaminated materials, recycling or
reuse, diversion, destruction,
segregation of reactive wastes,
dredging or excavations, repair or
replacement of leaking containers,
collection of leachate and runoff,
on-site treatment or incineration,
provision of alternative water
supplies, any monitoring reasonably
required to assure that such actions
protect the public health and welfare
and the environment and, where
appropriate, post-removal site
control activities. The term includes
the costs of permanent relocation of
residents and businesses and
community facilities (including the
cost of providing *' alternative land of
equivalent value" to an Indian tribe
pursuant to CERCLA section 126(b))
where EPA determines that, alone or
in combination with other measures,
such relocation is more cost-effective
than, and environmentally preferable
to, the transportation, storage,
treatment, destruction, or secure
disposition off-site of such hazardous
substances, or may otherwise be
necessary to protect the public health
or welfare; the term includes off-site
transport and off-site storage,
treatment, destruction, or secure
disposition of hazardous substances
and associated contaminated
materials. For the purpose of the
NCP, the term also includes
enforcement activities related thereto.
Remove or removal as defined by
section 311(a)(8) of the CWA, refers
to containment and removal of oil or
hazardous substances from the water
and shorelines or the taking of such
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 8
other actions as may be necessary to
minimize ' tigate damage to the
public hea r welfare of the United
States (inci -.g, but not limited to,
fish, shellfi. vildlife, public and
private property, and shorelines and
beaches) or to the environment. For
the purpose of the NCP, the term also
includes monitoring of action to
remove a discharge. As defined by
section 101(23) of CERCLA, remove
or removal means the cleanup or
removal of released hazardous
substances from the environment;
such actions as may be necessary
taken in the event of the threat of
release of hazardous substances into
the environment; such actions as may
be necessary to monitor, assess, and
evaluate the release or threat of
release of hazardous substances; the
disposal of removed material; or the
taking of such other actions as may-
be necessary to prevent, minimize, or
mitigate damage to the public health
or welfare of the United States or to
the environment, which may
otherwise result from a release or
threat of release. The term includes,
in addition, without being limited to,
security fencing or other measures to
limit access, provision of alternative
water supplies, temporary evacuation
and housing of threatened individuals
not otherwise provided for, action
taken under section 104(b) of
CERCLA, post-removal site control.,
where appropriate, and any
emergency assistance which may be
provided under the Disaster Relief
Act of 1974. For the purpose of the
NCP, the term also includes
enforcement activities related thereto.
Removal costs as defined by
section 1001 of the OPA means the
costs of removal that are incurred
after a discharge of oil has occurred,
or in any case in which there is a
substantial threat of a discharge of
oil, the costs to prevent, minimize, or
mitigate oil pollution from such an
incident.
Respond or response as defined by
section 101(25) of CERCLA, means
remove, removal, remedy, or
remedial action, including
enforcement activities related thereto.
Responsible party as defined by
section 1001 of the OPA, means the
following:
(1) Vessels-In the case of a vessel,
any person owning, operating, or
demise chartering the vessel.
(2) Onshore Facilities-In the case
of an onshore facility (other than a
pipeline), any person owning or
operating the facility, except a federal
agency, state, municipality,
commission, or political subdivision
of a state, or any interstate body, that
as the owner transfers possession and
right to use the property to another
person by lease, assignment, or
permit.
(3) Offshore Facilities-In the case
of an offshore facility (other than a
pipeline or a deepwater port licensed
under the Deepwater Port Act of
1974 (33 U.S.C. 1501 etseq.)),the
lessee or permittee of the area in
which the facility is located or the
holder of a right of use and easement
granted under applicable slate law or
the Outer Continental Shelf Lands
Act (43 U.S.C. 1301-1356) for the
area in which the facility is located (if
the holder is a different person than
the lessee or permittee), except a
federal agency, state, municipality,
commission, or political subdivision
of a state, or any interstate body, that
as owner transfers possession and
right to use the property to another
person by lease, assignment, or
permit.
(4) Deepwater Ports-In the case of
a deepwater port licensed under the
Deepwater Port Act of 1974 (33
U.S.C. 1501-1524), the licensee.
(5) Pipelines-In the case of a
pipeline, any person owning or
operating the pipeline.
(6) Abandonment-In the case of an
abandoned vessel, onshore facility,
deepwater port, pipeline, or offshore
facility, the person who would have
been responsible parties immediately
prior to the abandonment of the
vessel or facility.
SARA is the Superfund
Amendments and Reauthorization
Act of 1986. In addition to certain
free-standing provisions of law, it
includes amendments to CERCLA,
the Solid Waste Disposal Act, and
the Internal Revenue Code. Among
the free-standing provisions of law is
Title III of SARA, also known as the
'' Emergency Planning and
Community Right-to-Know Act of
1986" and Title IV of SARA, also
known as the " Radon Gas and
Indoor Air Quality Research Act of
1986." Title V of SARA amending
the Internal Revenue Code is also
known as the " Superfund Revenue
Act of 1986."
Sinking agents means those
additives applied to oil discharges to
sink floating pollutants below the
water surface.
Site inspection (SI) means an
on-site investigation to determine
whether there is a release or potential
release and the nature of the
associated threats. The purpose is to
augment the data collected in the
preliminary assessment and to
generate, if necessary, sampling and
other field data to determine if further
action or investigation is appropriate.
Size classes of discharges refers to
the following size classes of oil
discharges which are provided as
guidance to the OSC and serve as the
criteria for the actions delineated in
subpart D. They are not meant to •
imply associated degrees of hazard to
public health or welfare of the United
States, nor are they a measure of
environmental injury. Any oil
discharge that poses a substantial
threat to public health or welfare of
the United States or the environment
or results in significant public
concern shall be classified as a major
discharge regardless of the following
uantitative measures:
(1) Minor discharge means a
discharge to the inland waters of less
than 1,000 gallons of oil or a
discharge to the coastal waters of less
than 10,000 gallons of oil.
(2) Medium discharge means a
discharge of 1,000 to 10,000 gallons
of oil to the inland waters or a
discharge of 10,000 to 100,000
gallons of oil to the coastal waters.
(3) Major discharge means a
discharge of more than 10,000
gallons of oil to the inland waters or
more than 100,000 gallons of oil to
the coastal waters.
Size classes of releases refers to the
following size . assifications which
are provided as guidance to the OSC
for meeting pollution reporting
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 9
requirements in subpart B. The final
determination of the appropriate
classification of a release will be
made by the OSC based on
consideration of the particular release
(e.g., size, location, impact, etc.):
(1) Minor release means a release
of a quantity of hazardous
substance(s), pollutant(s), or
contaminant(s) that poses minimal
threat to public health or welfare of
the United States or the environment.
(2) Medium release means a
release not meeting the criteria for
classification as a minor or major
release.
(3) Major release means a release
of any quantity of hazardous
substance(s), pollutant(s), or
contaminant(s) that poses a
substantial threat to public health or
welfare of the United States or the
environment or results in significant
public concern.
Sorbents means essentially inert
and insoluble materials that are used
to remove oil and hazardous
substances from water through
adsorption, in which the oil or
hazardous substance is attracted to
the sorbent surface and then adheres
to it; absorption, in which the oil or
hazardous substance penetrates the
pores of the sorbent material; or a
combination of the two. Sorbents are
generally manufactured in particulate
form for spreading over an oil slick
or as sheets, rolls, pillows, or booms.
The sorbent material may consist of,
but is not limited to, the following
materials:
(1) Organic products-
(1) Peat moss or straw;
(ii) Cellulose fibers or cork;
(iii) Com cobs;
(iv) Chicken, duck, or other bird
feathers.
(2) Mineral compounds-
(i) Volcanic ash or perlite;
(ii) Vermiculite or zeolite.
(3) Synthetic products-
(i) Polypropylene;
(ii) Polyethylene;
(iii) Polyurethane;
(iv) Polyester.
Source control action is the
construction or installation and
start-up of those actions necessary to
prevent the continued release of
hazardous substances or pollutants or
contaminants (primarily from a
source on top of or within the ground,
or in buildings or other structures)
into the environment.
Source control maintenance
measures are those measures
intended to maintain the effectiveness
of source control actions once such
actions are operating and functioning
properly, such as the maintenance of
landfill caps and leachate collection
systems.
Specified ports and harbors means
those ports and harbor areas on
inland rivers, and land areas
immediately adjacent to those waters,
where the USCG acts as
predesignated on-scene coordinator.
Precise locations are determined by
EPA/USCG regional agreements and
identified in federal Regional
Contingency Plans and Area
Contingency Plans.
Spill of national significance
(SONS) means a spill that due to its
severity, size, location, actual or
potential impact on the public health
and welfare or the environment, or
the necessary response effort, is so
complex that it requires extraordinary
coordination of federal, state, local,
and responsible party resources to
contain and clean up the discharge. '
State means the several states of the
United States, the District of
Columbia, the Commonwealth of
Puerto Rico, Guam, American
Samoa, the U.S. Virgin Islands, the
Commonwealth of the Northern
Marianas, and any other territory or
possession over which the United
States has jurisdiction. For purposes
of the NCP, the term includes Indian
tribes as defined in the NCP except
where specifically noted. Section 126
of CERCLA provides that the
governing body of an Indian tribe
shall be afforded substantially the
same treatment as a stale with respect
to certain provisions of CERCLA.
Section 300.515(b) of the NCP
describes the requirements pertaining
to Indian tribes that wish to be treated
as states under CERCLA.
Superfiind Memorandum of
Agreement (SMOA) means a .
nonbinding, written document
executed by an EPA Regional
Administrator and the head of a state
agency that may establish the nature
and extent of EPA and state
interaction during the removal,
pre-remedial, remedial, and/or
enforcement response process. The
SMOA is not a site-specific
document although attachments may
address specific sites. The SMOA
generally defines the role and
responsibilities of both the lead and
the support agencies.
Superfund state contract is a joint,
legally binding agreement between
EPA and a state to obtain the
necessary assurances before a
federal-lead remedial action can
begin at a site. In the case of a
political subdivision-lead remedial
response, a three-party Superfund
state contract among EPA, the state,
and political subdivision thereof, is
required before a political
subdivision takes the lead for any
phase of remedial response to ensure
state involvement pursuant to section
121(0(1) of CERCLA. The
Superfund state contract may be
amended to provide the state's
CERCLA section 104 assurances
before a political subdivision can
take the lead for remedial action.
Support agency means the agency
or agencies that provide the support
agency coordinator to furnish
necessary data to the lead agency,
review response data and documents,
and provide other assistance as
requested by the OSC or RPM. EPA,
the USCG, another federal agency, or
a state may be support agencies for a
response action if operating pursuant
to a contract executed under section
104(d)( 1) of CERCLA or designated
pursuant to a Superfund
Memorandum of Agreement entered
into pursuant to subpart F of the NCP
or other agreement. The support
agency may also concur on decision
documents.
Support agency coordinator (SAC)
means the official designated by the
support agency, as appropriate, to
interact and coordinate with the lead
agency in response actions under
subpart E of this part.
Surface collecting agents means
those chemical agents that form a
surface film to control the layer
-------
40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 10
thickness of oil.
Surface washing agent is any
product that removes oil from solid
surfaces, such as beaches and rocks,
through a detergency mechanism and
does not involve dispersing or
solubilizing die oil into the water •
column.
Tank vessel as defined by section
1001 of the OPA means a vessel that
is constructed or adapted to carry, or
that carries oil or hazardous material
in bulk as cargo or cargo residue, and
that:
(1) is a vessel of the United States;
(2) operates on the navigable
waters; or
(3) transfers oil or hazardous
material in a place subject to the
jurisdiction of the United States.
Threat of discharge or release, see
definitions for discharge and release.
Threat of release, see definition for
release.
Treatment technology means any
unit operation or series of unit
operations that alters the composition
of a hazardous substance or pollutant
or contaminant through chemical,
biological, or physical means so as to
reduce toxicity, mobility, or volume
of the contaminated materials being
treated. Treatment technologies are
an alternative to land disposal of
hazardous wastes without treatment.
Trustee means an official of a
federal natural resources
management agency desipated in
subpart G of the NOP or a designated
state official or Indian tribe or, in the
case of discharges covered by the
OPA, a foreign government official,
who may pursue claims for damages
under section 107(f) of CERCLA or
section 1006 of the OPA.
United States when used in relation
to section 311(a)(5) of the CWA,
means the states, the District of
Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, the
United States Virgin Islands, and the
Pacific Island Governments. United
States, when used in relation to
section 101(27) of CERCLA and
section 1001(36) of the OPA,
includes the several states of the
United States, the District of
Columbia, the Commonwealth of
Puerto Rico, Guam, American
Samoa, the United States Virgin
Islands, the Commonwealth of the
Northern Marianas, and any other
territory or possession over which the
United States has jurisdiction.
Vessel as defined by section
101 (28) of CERCLA, means eveiy
description of watercraft or other
artificial contrivance used, or capable
of being used, as a means of
transportation on water; and, as
defined by section 311 (a)(3) of the
CWA, means every description of
watercraft or other artificial
contrivance used, or capable of being
used, as a means of transportation on
water other than a public vessel.
Volunteer means any individual
accepted to perform services by the
lead agency which has authority to
accept volunteer services (examples:
See 16 U.S.C. 742f(c)). A volunteer
is subject to the provisions of the
authorizing statute and the NCP.
Worst case discharge as defined by
section 31 l(a)(24) of the CWA,
means, in the case of a vessel, a
discharge in adverse weather
conditions of its entire cargo, and, in
the case of an offshore facility or
onshore facility, the largest
foreseeable discharge in adverse
weather conditions.
| 300.6 Use of number and
gender.
As used in this regulation, words in
the singular also include the plural
and words in the masculine gender
also include the feminine and vice
versa, as the case may require.
§ 300.7 Computation of time.
In computing any period of lime
prescribed or allowed in these rules
of practice, except as otherwise
provided, the day of the event from
which the designated period begins to
run shall not be included. 5- iturdays,
Sundays, and federal legal Holidays
shall be included. When a stated lime
expires on a Saturday, Sunday, or
legal holiday, the stated time period
shall be extended to include the next
business day.
Subpart B-Responsibility and
Organization for Response
§300.100 Duties of President
delegated to federal agencies.
In Executive Orders 12580 and
12777, the President delegated
certain functions and responsibilities
vested in him by the CWA,
CERCLA, and the OPA.
§ 300.105 General organization
concepts.
(a) Federal agencies should:
(1) Plan for emergencies and
develop procedures for addressing oil
discharges and releases of hazardous
substances, pollutants, or
contaminants;
(2) Coordinate their planning,
preparedness, and response activities
with one another,
(3) Coordinate their planning,
preparedness, and response activities
with affected states, local
governments, and private entities;
and
(4) Make available those facilities
or resources that may be useful in a
response situation, consistent with
agency authorities and capabilities.
(b) Three fundamental kinds of
activities are performed pursuant to
the NCP:
(1) Preparedness planning and
coordination for response to a
discharge of oil or release of a
hazardous substance, pollutant, or
contaminant;
(2) Notification and
communications; and
(3) Response operations at the
scene of a discharge or release.
(c) The organizational elements
created to perform these activities
arc:
(1) The NRT, responsible for
national response and preparedness
planning, for coordinating regional
planning, and for providing policy
guidance and support to the Regional
Response Teams (RRTs). NRT
membership consists of
representatives from the agencies
specified in § 300.175(b).
-------
40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp i 1
(2) RRTs, responsible for regional
planning-and preparedness activities
before response actions, and for
providing advice and support to the
OSC or RPM when activated during
a response, RRT membership
consists of designated representatives
from each federal agency
participating in the NRT together
with state and (as agreed upon by the
states) local government
representatives.
(3) The OSC and the RPM,
primarily responsible for directing
response efforts and coordinating all
other efforts at the scene of a
discharge or release. The other
responsibilities of OSCs and RPMs
are described in § 300.135.
(4) Area Committees, responsible
for developing, under direction of the
OSC, ACPs for each area designated
by the President. Responsibilities of
Area Committees are described in §
300.205(c).
(d) The basic framework for the
response management structure is a
system (e.g., a unified command
system) that brings together the
functions of the Federal Government,
the state government, and the
responsible party to achieve an
effective and efficient response,
where the OSC maintains authority.
(e)(1) The organizational concepts
of the national response system art
depicted in the following Figures la
and lb:
»» See the accompanying
hardcopy volume for
non-machine-readable
data that appears at this point.
««
(2) The standard federal regional
boundaries (which are also the
geographic areas of responsibility for
the RRTs) are shown in the following
Figure 2:
»» See the accompanying
hardcopy volume for
non-machine-readable
data that appears at this point.
««
(3) The USCG District boundaries
are shown in the following Figure 3;
»» See the accompanying
hardcopy volume for
non-machine-readable data that
appears at this point. ««
§300,110 National Response
Team.
National planning and coordination
is accomplished through the NRT.
(a) The NRT consists of
representatives from the agencies
named in § 300.175(b). Each agency
shall designate a member to the team
and sufficient alternates to ensure
representation, as agency resources
permit. The NRT will consider
requests for membership on the NRT
from other agencies. Other agencies
may request membership by
forwarding such requests to the chair
of the NRT.
(b) The chair of the NRT shall be
the representative of EPA and the
vice chair shall be the representative
of the USCG, with the exception of
periods of activation because of
response action. During activation,
the chair shall be the member agency
providing the OSC/RPM. The vice
chair shall maintain records of NRT
activities along with national,
regional, and area plans for response
actions,
(c) While the NRT desires to
achieve a consensus on all matters
brought before it, certain matters may
prove unresolvable by this means. In
such cases, each agency serving as a
participating agency on the NRT may
be accorded one vote in NRT
proceedings.
(d) The NRT may establish such
bylaws and committees as it deems
appropriate to further the purposes
for which it is established.
(e) The NRT shall evaluate
methods of responding lo discharges
or releases; shall recommend any
changes needed in the response
organization; and shall recommend to
the Administrator of EPA changes to
the NCP designed to improve the
effectiveness of the national response
system, including drafting of
regulatory language.
(f) The NRT shall provide policy
and program direction to the RRTs.
(g) The NRT may consider and
make recommendations to
appropriate agencies on the training,
equipping, and protection of response
teams and necessary research,
development, demonstration, and
evaluation to improve response
capabilities.
(h) Direct planning and
preparedness responsibilities of the
NRT include:
{1) Maintaining national
preparedness to respond to a major
discharge of oil or release of a
hazardous substance, pollutant, or
contaminant that is beyond regional
capabilities;
(2) Publishing guidance documents
for preparation and implementation
of SARA Title III local emergency
response plans;
(3) Monitoring incoming reports
from all RRTs and activating for a
response action, when necessary;
(4) Coordinating a national
program to assist member agencies in
preparedness planning and response,
and enhancing coordination of
member agency preparedness
programs;
(5) Developing procedures, in
coordination with the NSFCC, as
appropriate, to ensure the
coordination of federal, state, and
local governments, and private
response to oil discharges and
releases of hazardous substances,
pollutants, or contaminants;
(6) Monitoring response-related
research and development, testing,
and evaluation activities of NRT
agencies to enhance coordination,
avoid duplication of effort, and
facilitate research in support of
response activities;
(7) Developing recommendations
for response training and for
enhancing the coordination of
available resources among agencies
with training responsibilities under
the NCP,
(8) Reviewing regional responses
to oil discharges and hazardous
-------
higure lb
National Response System Concepts: Planning
NRT
* 13 RRTs for Standard Federal Regions l-X
(mainland); Caribbean, Oceania (Pacific
Basin), & Alaska
2 r
i
i
i
2 r
EPA
Region
(co-chalr)
A/a*
— VComnttM
Nuc.
Reg
Co mm
USCG
(vice
chair)
FEMA
(©JL@)
PUTT
DOI
USDA
DOC
DOJ
HHS
DOT
DOD
DOS
GSA
DOE
—State(s) —
FEMA
DOL
•( SERCs }
^ I
i LB"* )
USCG
Dislrict(s)
(co-chalr)
' I 2
I
I
1J2
I
I
I
12
I
I
1 RRT serves as the Area
Committee lor Inland areas
not covered by a separate
Area Committee, unless a
separate Area Committee Is
designated by the Regional
Administrator (57 FR 15198).
Sources ol Input and Guidance to Area Committee#
Government
Non-Government
(sec. 300.145)
(57 FR 15198)
Strike Teams
Facility and vessel owners/operators2
NPFC
Shipping company representatives
ERT
Cleanup contractors
RERT
Emergency planning and response officials
DRQ
Marine pilot associations
DRAT
Mertibers ol academla
SSC
Environmental advocacy groups
PIAT
Response organizations/officers.
SUPSALV
Citizens
*
2
Federal laws (e.g., CWA Sec.
311(|)(5), Clean Air Act Sec. 112(r),
OSHA (Process safety regulations)
require facility owner/operators to
prepare a response plan.
Additional description Is found In
Section 300.211.
-------
Figure 1a
National Response System Concepts: Response
Incident Occurs
Notification
National
Response
Center
Notification
Natural
Resource
Trustees
Initial Assessment/First Response
Federal/State/Local/RP
Notification/Response Measures
as per section 300.180
OSC/RPM
Notification
Yes
Special Forces
section 300.145
National Response Team
soctlon 300.110
Regional Response Team
section 300.115
NSF
OSC/RPM
ERT
RERT
RP
SSC
(Unified Command Structure, as developed by
the Area Committee)
NPFC
This Includes local representation as well.
Resources available to support the OSC/RPM upon request.
ORG
SUPSALV
-------
pr* i
I u !
15 j
p «,
® <£ !
£0,
ss!
Figure 2
¦a
OQ O
3c
a
Figure 2 - Standard Regional Boundaries for Ten Regions
WAtMJNQTON
X
NORTH DAKOTA
OREOON
IDAHO
WISCONSIN
SOUTH DAKOTA
NEW YORK
Tor*
NEVAOA
D«nvw •
COLORADO
ILLINOIS
WEST r ...
ROINIA / HI
vtnorNiA
Ks/MuC/iy^
KANSAS
CALIFORNIA
KENTUCKY
TENNESSEE
NORTH
CAROUNA
SOUTH
CAROLINA
|Y \ AtlvX*
oeoaqia
NEW MEXtOO
UlSSISSiPPI
Reg. X
mImtt. Worth •
TEXAS
ORX)A
Reg. IX
VIROIN1SLANOS
PUERTO RICO «
^ HAWAII
GUAM
NORTHERN MARIANA
ISCANOS
PACIFIC ISLANO
GOVERNMENTS
AMERICAN SAMOA
-------
17th District
Juneau
13th District
Seattle
Pacific Area
San Francisco
11th District
Long Beach
14th District
Honolulu
HI
Owm
Northern Mariana I (land*
PneMc Mand OwamnMnto
Amarfcan Samoa
o
Figure 3
U.S. Coast Guard Districts
Atlantic and Pacific Area Commands
9th District
Cleveland
1st District
Boston
Atlantic Area
NewYork
District
5th Distnct
Portsmouth
8th District
New Orleans
7th District
Miami
Puerto Rico
Virgin Islands
-------
40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 12
substance, pollutant, or contaminant
releases, including an evaluation of
equipment readiness and
coordination among responsible
public agencies and private
organizations; and
(9) Assisting in developing a
national exercise program, in
coordination with the NSFCC, to
ensure preparedness and
coordination nationwide.
(i) The NRT will consider matters
referred to it for advice or resolution
by an RRT.
(j) The NRT should be activated as
an emergency response team:
(1) When an oil discharge or
hazardous substance release:
(1) Exceeds the response capability
of the region in which it occurs;
(ii) Transects regional boundaries;
or
(iii) Involves a substantial threat to
the public health or welfare of the
United States or the environment,
substantial amounts of property, or
substantial threats to natural
resources;
(2) If requested by any NRT
member.
(k) When activated for a response
action, the NRT shall meet at the call
of the chair and may:
(1) Monitor and evaluate reports
from the OSC/RPM and recommend
to the OSC/RPM, through the RRT,
actions to combat the discharge or
release;
(2) Request other federal, state, and
local governments, or private
agencies, to provide resources under
their existing authorities to combat a
discharge or release, or to monitor
response operations; and
(3) Coordinate the supply of
equipment, personnel, or technical
advice to the affected region from
other regions or districts.
§300.115 Regional Response
Teams.
(a) Regional planning and
coordination of preparedness and
response actions is accomplished
through the RRT. In the case of a
discharge of oil, preparedness
activities will be carried out in
conjunction with Area Committees,
as appropriate he RRT agency
membership p.- .llels that of the
NRT, as descri J in § 300.110, but
also includes s-:,:s and local
representation. The RRT provides:
(1) The appropriate regional
mechanism for development and
coordination of preparedness
activities before a response action is
taken and for coordination of
assistance and advice to the
OSC/RPM during such response
actions; and
(2) Guidance to Area Committees,
as appropriate, to ensure inter-area
consistency and consistency of
individual ACPs with the RCP and
NCP.
(b) The two principal components
of the RRT mechanism are a standing
team, which consists of designated
representatives from each
participating federal agency, state
governments, and local governments
(as agreed upon by the states); and
incident-specific teams formed from
the standing team when the RRT is
activated for a response. On
incident-specific teams, participation
by the RRT member agencies will
relate to the technical nature of the
incident and its geographic location.
(1) The standing team's jurisdiction
corresponds to the standard federal
regions, except for Alaska, Oceania
in the Pacific, and the Caribbean
area, each of which has a separate
standing RRT. The role of the
standing RRT includes
communications systems and
procedures, planning, coordination,
training, evaluation, preparedness,
and related matters on a regionwide
basis. It also includes coordination of
Area Committees for these functions
in areas within their respective
regions, as appropriate.
(2) The role of the incident-specific
team is determined by the operational
requirements of the response to a
specific discharge or release.
Appropriate levels of activation
and/or notification of the
incident-specific RRT, including
participation by state and local
governments, shall be determined by
the designated RRT chair for the
incident, based on the RCP. The
incident-specific RRT supports the
designated OSC/RPM. The
esignated OSC/RPM directs
jsponse efforts and coordinates all
other efforts at the scene of a
discharge or release.
(c) The representatives of EPA and
the USCG shall act as co-chairs of
RRTs except when the RRT is-
activated. When the RRT is activated
for response actions, the chair shall
be the member agency providing the
OSC/RPM.
(d) Each participating agency
should designate one member and at
least one alternate member to the
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. Participating states
may also designate one member and
at least one alternate member to the
RRT. Indian tribal governments may
arrange for representation with the
RRT appropriate to their
geographical location. All agencies
and states may also provide
additional representatives as
observers to meetings of the RRT.
(e) RRT members should designate
representatives and alternates from
their agencies as resource personnel
for RRT activities, including RRT
work planning, and membership on
incident-specific teams in support of
the OSCs/RPMs.
(f) Federal RRT members or their
representatives should provide
OSCs/RPMs with assistance from
their respective federal agencies
commensurate with agency
responsibilities, resources, and
capabilities within the region. During
a response action, the members of the
RRT should seek to make available
the resources of their agencies to the
OSC/RPM as specified in the RCP
and ACP.
(g) RRT members should nominate
appropriately qualified
representatives from their agencies to
work with OSCs in developing and
maintaining ACPs.
(h) Affected states are encouraged
to participate actively in all RRT
activities Each state governor is
requested to assign an office or
-------
40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 13
agency to represent the state on the
appropriate RRT; to designate
representatives to work with the RRT
in developing RCPs; to plan for,
make available, and coordinate state
resources; and to serve as the contact
point for coordination of response
with local government agencies,
whether or not represented on the
RRT. The state's RRT representative
should keep the State Emergency
Response Commission (SERC),
described in § 300.205(d), apprised
of RRT activities and coordinate
RRT activities with the SERC, Local
governments are invited to
participate in activities on the
appropriate RRT as provided by state
law or as arranged by the state's
representative. Indian tribes are also
invited to participate in such
activities.
(i) The standing RRT shall
recommend changes in the regional
response organization as needed,
revise the RCP as needed, evaluate
the preparedness of the participating
agencies and the effectiveness of
ACPs for the federal response to
discharges and releases, and provide
technical assistance for preparedness
to the response community. The RRT
should:
(1) Review and comment, to the
extent practicable, on local
emergency response plans or other
issues related to the preparation,
implementation, or exercise of such
plans upon request of a local
emergency planning committee;
(2) Evaluate regional and local
responses to discharges or releases
on a continuing basis, considering
available legal remedies, equipment
readiness, and coordination among
responsible public agencies and
pnvate organizations, and
recommend improvements;
(3) Recommend revisions of the
NCP to the NRT, based on
observations of response operations;
(4) Review OSC actions to ensure
that RCPs and ACPs are effective;
(5) Encourage the state and local
response community to improve its
preparedness for response,
(6) In coordination with Area
Committees and in accordance with
any applicable laws, regulations, or
requirements, conduct advance
planning for use of dispersants,
surface washing agents, surface
collecting agents, burning agents,
bioremediation agents, or other
chemical agents in accordance with
subpart J of this part;
(7) Be prepared to provide
response resources to major
discharges or releases outside the
region;
(8) Conduct or participate in
training and exercises as necessary to
encourage preparedness activities of
the response community within the
region;
(9) Meet at least semiannually to
review response actions carried out
during the preceding period, consider
changes in RCPs, and recommend
changes in ACPs;
(10) Provide letter reports on RRT
activities to the NRT twice a year, no
later than January 31 and July 31. At
a minimum, reports should
summarize recent activities,
organizational changes,
operational concerns, and efforts to
improve state and local coordination;
and
(11) Ensure maximum participation
in the national exercise program for
announced and unannounced
exercises.
(j)(l) The RRT may be activated by
the chair as an incident-specific
response team when a discharge or
release:
(1) Exceeds the response capability
available to the OSC/RPM in the
place where it occurs;
(ii) Transects state boundaries;
(iii) May pose a substantial threat
to the public health or welfare of the
United States or the environment, or
to regionally significant amounts of
property; or
(iv) Is a worst case discharge, as
described in § 300.324. RCPs shall
specify detailed criteria for activation
ofRRTs.
(2) The RRT will be activated
during any discharge or release upon
a request from the OSC/RPM, or
from any RRT representative, to the
chair of the RRT. Requests for RRT
activation shall later be confirmed in
writing. Each representative, or an
appropriate alternate, should be
notified immediately when the RRT
is activated.
(3) During prolonged removal or
remedial action, the RRT may not
need to be activated or may need to
be activated only in a limited sense,
or may need to have available only
those member agencies of the-RRT
who are directly affected or who can
provide direct response assistance,
(4) When the RRT is activated for a
discharge or release, agency
representatives shall meet at the call
of the chair and may:
(i) Monitor and evaluate reports
from the OSC/RPM, advise the
OSC/RPM on the duration and extent
of response, and recommend to the
OSC/RPM specific actions to
respond to the discharge or release;
(ii) Request other federal, state, or
local governments, or private
agencies, to provide resources under
their existing authorities to respond
to a discharge or release or to
monitor response operations;
(iii) Help the OSC/RPM prepare
information releases for the public
and for communication with the
NRT;
(iv) If the circumstances warrant,
make recommendations to the
regional or district head of the agency
providing the OSC/RPM that a
different OSC/RPM should be
designated; and
(v) Submit pollution reports to the
NRC as significant developments
occur.
(5) At the regional level, a
Regional Response Center (RRC)
may provide facilities and personnel
for communications, information
storage, and other requirements for
coordinating response. The location
of each RRC should be provided in
the RCP.
(6) When the RRT is activated,
affected states may participate in all
RRT deliberations. State government
representatives participating in the
RRT have the same status as any
federal member of the RRT.
(7) The RRT can be deactivated
when the incident-specific RRT chair
determines that the OSC/RPM no
longer requires RRT assistance.
(8) Notification of the RRT may be
appropriate when full activation is
-------
40CFR300 NATIONAL OIL AMD HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 14
not necessary, with systematic
communication of pollution reports
or other means to keep RRT
members informed as to actions of
potential concern to a particular
agency, or to assist in later RRT
evaluation of regionwide response
effectiveness.
(k) Whenever there is insufficient
national policy guidance on a matter
before the RRT, a technical matter
requiring solution, a question
concerning inteipretation of the NCP,
or a disagreement on discretional}'
actions among RRT members that
cannot be resolved at the regional
level, it may be referred to the NRT,
described in § 300.110, for advice.
§300.120 On -scene coordinators
and remedial project managers:
general responsibilities.
(a) The OSC/RPM directs response
efforts and coordinates all other
efforts at the scene of a discharge or
release. As part of the planning and
preparedness for response, OSCs
shall be predesignated by the
regional or district head of the lead
agency. EPA and the USCG shall
predesignate OSCs for all areas in
each region, except as provided in
paragraphs (c) and (d) of this section.
RPMs shall be assigned by the lead
agency to manage remedial or other
response actions at NPL siies, except
as provided in paragraphs (c) and (d)
of this section.
(1) The USCG shall provide OSCs
for oil discharges, including
discharges from facilities and vessels
under the jurisdiction of another
federal agency, within or threatening
the coastal zone. The USCG shall
also provide OSCs for the removal of
releases of hazardous substances,
pollutants, or contaminants into or
threatening the coastal zone, except
as provided in paragraph (b) of this
section. The USCG shall not provide
predesignated OSCs for discharges
or releases from hazardous waste
management facilities or in similarly
chronic incidents. The USCG shall
provide an initial response to
discharges or releases from
hazardous waste management
facilities within the coastal zone in
accordance with Department of
Transportation (DOT)/EPA
Instrument of Redelegation (May 27,
1988) except as provided by
paragraph (b) of this section. The
USCG OSC shall contact the
cognizant RPM as soon as it is
evident that a removal may require a
follow-up remedial action, to ensure
that the required planning can be
initiated and an orderly transition to
an EPA or state lead can occur.
(2) EPA shall provide OSCs for
discharges or releases into or
threatening the inland zone and shall
provide RPMs for federally funded
remedial actions, except in the case
of state-lead federally funded
response and as provided in
paragraph (b) of this section. EPA
will also assume all remedial actions
at NPL sites in the coastal zone, even
where removals are initiated by the
USCG, except as provided in
paragraph (b) of this section.
(b) In general, USCG Captains of
the Port (COTP) shall serve as the
designated OSCs for areas in the
coastal zone for which an ACP is
required under C WA section 311 (j)
and EPA Regional Administrators
shall desipate OSCs for areas in the
inland zone for which an ACP is
required under CWA section 31 l(j).
(c) For releases of hazardous
substances, pollutants, or
contaminants, when the release is on,
or the sole source of the release is
from, any facility or vessel, including
vessels bareboal-ehartcrcd and
operated, under the jurisdiction,
custody, or control of DOD, DOE, or
other federal agency:
(1) In the case of DOD or DOE,
DOD or DOE shall provide
OSCs/RPMs responsible for taking
all response actions; and
(2) In the case of a federal agency
other than EPA, DOD, or DOE, such
agency shall provide OSCs for all
removal actions that are not
emergencies and shall provide RPMs
for all remedial actions.
(d) DOD will be the removal
response authority with respect to
incidents involving DOD military
weapons and munitions or weapons
and munitions under the jurisdiction,
custody, or control of DOD.
(e) The OSC is responsible for
overs' 'ig development of the ACP
in the •. -a of the OSCs
respo- : lity. ACPs shall, as
appro e, be accomplished in
coope: .on with the RRT, and
designated state and local
representatives. In contingency
planning and removal, the OSC
coordinates, directs, and reviews the
work of other agencies, Area
Committees, responsible parties, and
contractors to assure compliance "with
the NCP, decision document, consent
decree, administrative order, and lead
agency-approved plans applicable to
the response.
(0 The RPM is the prime contact
for remedial or other response
actions being taken (or needed) at
sites on the proposed or promulgated
NPL, and for sites not on the NPL but
under the jurisdiction, custody, or
control of a federal agency. The
RPM's responsibilities include:
(1) Fund-financed response: The
RPM coordinates, directs, and
reviews the work of EPA, states and
local governments, the U.S. Army
Corps of Engineers, and all other
agencies and contractors to assure
compliance with the NCP. Based
upon the reports of these parties, the
RPM recommends action for
decisions by lead agency officials.
The RPM's period of responsibility
begins prior to initiation of the
remedial investigation/feasibility
study (RI/FS), described in §
300.430, and continues through
design, remedial action, deletion of
the site from the NPL, and the
CERCLA cost recovery activity.
When a removal and remedial action
occur at the same site, the OSC and
RPM should coordinate to ensure an
orderly transition of responsibility.
(2) Federal-lead non-Fund-financed
response: The RPM coordinates,
directs, and reviews the work of other
agencies, responsible parties, and
contractors to assure compliance with
the NCP, Record .of Decision (ROD),
consent decree, administrative order,
and lead agency-approved plans
applicable to the response. Based
upon the reports of these parties, the
RPM shall recommend action for
decisions by lead agency officials.
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 15
The RPM's period of responsibility
begins prior to initiation of the RI/FS,
described in § 300.430, and
continues through design and
remedial action and the CERCLA
cost recovery activity. The OSC and
RPM shall ensure orderly transition
of responsibilities from one to the
other.
(3) The RPM shall participate in all
decision-making processes necessary
to ensure compliance with the NCP,
including, as appropriate, agreements
between EPA or other federal
agencies and the state. The RPM may
also review responses where EPA
has preauthorized a person to file a
claim for reimbursement to
determine that the response was
consistent with the terms of such
preauthorization in cases where
claims are filed for reimbursement.
(g)( 1) Where a support agency has
been identified through a cooperative
agreement, Superfund Memorandum
of Agreement (SMOA), or other
agreement, that agency may designate
a support agency coordinator (SAC)
to provide assistance, as requested,
by the OSC/RPM The SAC is the
prime representative of the support
agency for response actions.
(2) The SAC's responsibilities may
include:
(1) Providing and reviewing data
and documents as requested by the
OSC/RPM during the planning,
design, and cleanup activities of the
response action; and
(ii) Providing other assistance as
requested.
(h)( 1) The lead agency should
provide appropriate training for its
OSCs, RPMs, and other response
personnel to carry out their
responsibilities under the NCP.
(2) OSCs/RPMs should ensure that
persons designated to act as their
on-scene representatives are
adequately trained and prepared to
cany out actions under the NCP, to
the extent practicable.
§ 300.125 Notification and
communications,
(a) The National Response Center
(NRC), located at USCG
Headquarters, is the national
communications center, continuously
manned for handling activities related
to response actions. The NRC acts as
the single point of contact for all
pollution incident reporting, and as
the NRT communications center.
Notice of discharges and releases
must be made telephonically through
a toll free number or a special local
number (Telecommunication Device
for the Deaf (TDD) and collect calls
accepted), (Notification details
appear in §§ 300.300 and 300.405.)
The NRC receives and immediately
relays telephone notices of discharges
or releases to the appropriate
predesignated federal OSC. The
telephone report is distributed to any
interested NRT member agency or
federal entity that has established a
written agreement or understanding
with the NRC. The NRC evaluates
incoming information and
immediately advises FEMA of a
potential major disaster situation.
(b) The Commandant, USCG, in
conjunction with other NRT
agencies, shall provide the necessary
personnel, communications, plotting
facilities, and equipment for the
NRC.
(c) Notice of an oil discharge or
release of a hazardous substance in
an amount equal to or greater than
the reportable quantity must be made
immediately in accordance with 33
CFR part 153, subpart B, and 40
CFR part 302, respectively.
Notification shall be made to the
NRC Duty Officer, HQ USCG,
Washington, DC, telephone (800)
424-8802 or (202) 267-2675. All
notices of discharges or releases
received at the NRC will be relayed
immediately by telephone to the
OSC.
§ 300.130 Determinations to
initiate response and special
conditions.
(a) In accordance with CWA and
CERCLA, the Administrator of EPA
or the Secretary of the department in
which the USCG is operating, as
appropriate, is authorized to act for
the United States to take response
measures deemed necessary to
protect the public health or welfare or
environment from discharges of oil or
releases of hazardous substances,
pollutants, or contaminants except
with respect to such releases on or
from vessels or facilities under the
jurisdiction, custody, or control of
other federal agencies.
(b) The Administrator of EPA or
the Secretary of the department in
which the USCG is operating, as
appropriate, is authorized to initiate
and, in the case of a discharge posing
a substantial threat to public health or
welfare of the United States is
required to initiate and direct,
appropriate response activities when
the Administrator or Secretary
determines that any oil or CWA
hazardous substance is discharged or
there is a substantial threat of such
discharge from any vessel or offshore
or onshore facility into or on the
navigable waters of the United
States, on the adjoining shorelines to
the navigable waters, into or on the
waters of the exclusive economic
zone, or that may affect natural
resources belonging to, appertaining
to, or under exclusive management
authority of the United States; or
(c) The Administrator of EPA or
the Secretary of the department in
which the USCG is operating, as
appropriate, is authorized to initiate
appropriate response activities when
the Administrator or Secretary
determines that any hazardous
substance is released or there is a
threat of such a release into the
environment, or there is a release or
threat of release into the environment
of any pollutant or contaminant
which may present an imminent and
substantial danger to the public
health or welfare of the United States.
(d)In addition to any actions taken
by a state or local government, the
Administrator of EPA or the
Secretary of the department in which
the USCG is operating may request
the U.S. Attorney General to secure
the relief from any person, including
the owner or operator of the vessel or
facility necessary to abate a threat or,
after notice to the affected state, take
any other action authorized by section
311 of the CWA or section 106 of
CERCLA as appropriate, including
issuing administrative orders, that
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 16
may be necessary to protect the
public health or welfare, if the
Administrator or Secretary
determines:
(1) That there may be an imminent
and substantial threat to the public
health or welfare of the United States
or the environment of the United
States, including fish, shellfish, and
wildlife, public and private property,
shorelines, beaches, habitats, and
other living and nonliving natural
resources under the jurisdiction or
control of the United States, because
of an actual or threatened discharge
of oil or a CWA hazardous substance
from any vessel or offshore or
onshore facility into or upon the
navigable waters of the United
States; or
(2) That there may be an imminent
and substantial endangerment to the
public health or welfare of the United
States or the environment because of
a release of a CERCLA hazardous
substance from a facility.
(e) Response actions to remove
discharges originating from
operations conducted subject to the
Outer Continental Shelf Lands Act
shall be in accordance with the NCP.
(f) Where appropriate, when a
discharge or release involves
radioactive materials, the lead or
support federal agency shall act
consistent with the notification and
assistance procedures described in
the appropriate Federal Radiological
Plan. For the purpose of the NCP, the
FRERP (24 CFR part 2401) is the
appropriate plan. Most radiological
discharges and releases do not result
in FRERP activation and should be
handled in accordance with the NCP.
However, releases from nuclear
incidents subject to requirements for
financial protection established by
the Nuclear Regulatory Commission
under the Price-Anderson
amendments (section 170) of the
Atomic Energy Act are specifically
excluded from CERCLA and NCP
requirements.
(g) Removal actions involving
nuclear weapons should be
conducted in accordance with the
joint Department of Defense,
Department of Energy, and FEMA
Agreement for Response to Nuclear
Incidents and Nuclear Weapons
Significant Incidents (January 8,
1981).
(h) If the situation is beyond the
capability of state and local
governments and the statutory
authority of federal agencies, the
President may, under the Disaster
Relief Act of 1974, act upon a
request by the governor and declare a
major disaster or emergency and
appoint a Federal Coordinating
Officer (FCO) to coordinate all
federal disaster assistance activities.
In such cases, the OSC/RPM would
continue to carry out OSC/RPM
responsibilities under the NCP, but
would coordinate those activities
with the FCO to ensure consistency
with other federal disaster assistance
activities.
(i) In the event of a declaration of a
major disaster by the President, the
FEMA may activate the Federal
Response Plan (FRP). A FCO,
designated by the President, may
implement the FRP and coordinate
and direct emergency assistance and
disaster relief of impacted
individuals, business, and public
services under the Robert T. Stafford
Disaster Relief Act. Delivery of
federal assistance is facilitated
through twelve functional annexes to
the FRP known as Emergency
Support Functions (ESFs). EPA
coordinates activities under ESF
# 10-Hazardous Materials, which
addresses preparedness and response
to hazardous materials and oil
incidents caused by a natural disaster
or other catastrophic event. In such
cases, the OSC/RPM should
coordinate response activities with
the FCO, through the
incident-specific ESF # 10 Chair, to
ensure consistency with federal
disaster assistance activities.
§300.135 Response operations.
(a) The OSC/RPM, consistent with
§§ 300.120 and 300.125, shall direct
response efforts and coordinate all
other efforts at the scene of a
discharge or release. As part of the
planning and preparation for
response, the OSCs/RPMs shall be
predesignated by the regional or
district head of the lead agency.
(b) The first federal official
affiliated with an NRT member
agency to arrive at the scene of a
discharge or release should
coordinate activities under the NCP
and is authorized to initiate, in
consultation with the OSC, any-
necessary actions normally carried
out by the OSC until the arrival of the
predesignated OSC. This official may
initiate federal fund-financed actions
only as authorized by the OSC or, if
the OSC is unavailable, the
authorized representative of the lead
agency.
(c) The OSC/RPM shall, to the
extent practicable, collect pertinent
facts about the discharge or release,
such as its source and cause; the
identification of potentially
responsible parties; the nature,
amount, and location of discharged or
released materials; the probable
direction and time of travel of
discharged or released materials;
whether the discharge is a worst case
discharge as discussed in § 300.324;
the pathways to human and
environmental exposure; the potential
impact on human health, welfare, and
safety and the environment; whether
the discharge or release poses a
substantial threat to the public health
or welfare of the United States as
discussed in § 300.322; the potential
impact on natural resources and
property which may be affected;
priorities for protecting human health
and welfare and the environment; and
appropriate cost documentation.
(d) i ne OSC's/RPM's efforts shall
be coordinated with other appropriate
federal, state, local, and private
response agencies. OSCs/RPMs may
designate capable persons from
federal, state, or local agencies to act
as their on-scene representatives.
State and local governments,
however, are not authorized to take
actions under subparts D and E of the
NCP that involve expenditures of the
Oil Spill Liability Trust Fund or
CERCLA funds unless an
appropriate contract or cooperative
agreement has been established. The
basic framework for the response
management structure is a system
(e.g., a unified command system),
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBS TANCES POLLUTION CONTINGENCY PLAN pp 17
that brings together the functions of
the federal government, the state
government, and the responsible
party to achieve an effective and
efficient response, where the OSC
maintains authority,
(e) The OSC/RPM should consult
regularly with the RRT and NSFCC,
as appropriate, in carrying out the
NCP and keep the RRT and NSFCC,
as appropriate, informed of activities
under the NCP.
(f) The OSC/RPM shall advise the
support agency as promptly as
possible of reported releases.
(g) The OSC/RPM should evaluate
incoming information and
immediately advise FEMA of
potential major disaster situations.
(h) In those instances where a
possible public health emergency
exists, the OSC/RPM should notify
the Department of Health and Human
Services (HHS) representative to the
RRT. Throughout response actions,
the OSC/RPM may call upon the
HHS representative for assistance in
determining public health threats and
call upon the Occupational Safety
and Health Administration (OSHA)
and HHS for assistance on worker
health and safely issues.
(i) All federal agencies should plan
for emergencies and develop
procedures for dealing with oil
discharges and releases of hazardous
substances, pollutants, or
contaminants from vessels and
facilities under their jurisdiction. All
federal agencies, therefore, are
responsible for designating the office
that coordinates response to such
incidents in accordance with the NCP
and applicable federal regulations
and guidelines.
0X1) The OSC/RPM shall ensure
that the trustees for natural resources
are promptly notified of discharges or
releases.
(2) The OSCorRPM shall
coordinate all response activities with
the affected natural resource trustees
and, for discharges of oil, the OSC
shall consult with the affected
trustees on the appropriate removal
action to be taken.
(k) Where the OSC/RPM becomes
aware that a discharge or release may
affect any endangered or threatened
species or their habitat, the
OSC/RPM shall consult with the
Department of Interior (DOl), or the
Department of Commerce (DOC)
(NOAA) and, if appropriate, the
cognizant federal land managing
agency.
(1) The OSC/RPM is responsible
for addressing worker health and
safety concerns at a response scene,
in accordance with § 300.150.
(m) The OSC shall submit
pollution reports to the RRT and
other appropriate agencies as
significant developments occur
during response actions, through
communications networks or
procedures agreed to by the RRT and
covered in the RCP.
(n) OSCs/RPMs should ensure that
all appropriate public and private
interests are kept informed and that
their concerns are considered
throughout a response, to the extent
practicable, consistent with the
requirements of § 300.155 of this
part.
§ 300.140 Multi-regional
responses.
(a) If a discharge or release moves
from the area covered by one ACP or
RCP into another area, the authority'
for response actions should likewise
shift. If a discharge or release affects
areas covered by two or more ACPs
or RCPs, the response mechanisms of
each applicable plan may be
activated. In this case, response
actions of all regions concerned shall
be fully coordinated as detailed in the
RCPs and ACPs.
(b) There shall be only one OSC
and/or RPM at any lime during the
course of a response operation.
Should a discharge or release affect
two or more areas, EPA, the USCG,
DOD, DOE, 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
areas 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.
(c) Where the USCG has initially
provided the OSC for response to a
release from hazardous waste
management facilities located in the
coastal zone, responsibility for-
response action shall shift to EPA or
another federal agency, as
appropriate.
§ 300.145 Special teams and
other assistance available to
OSCs/RPMs.
(a) The NSF is a special team
established by the USCG, including
the three USCG Strike Teams, the
Public Information Assist Team
(PIAT), and the NSFCC. The NSF is
available to assist OSCs/RPMs in
their preparedness and response
duties.
(1) The three Strike Teams
(Atlantic, Gulf, and Pacific) provide
trained personnel and specialized
equipment to assist the OSC in
training for spill response, stabilizing
and containing the spill, and in
monitoring or directing the response
actions of the responsible parties
and/or contractors. The OSC has a
specific team designated for initial
contact and may contact that team
directly for any assistance.
(2) The NSFCC can provide the
following support to the OSC:
(i) Technical assistance, equipment
and other resources to augment the
OSC staff during spill response.
(ii) Assistance in coordinating the
use of private and public resources in
support of the OSC during a response
to or a threat of a worst case
discharge of oil.
(iii) Review of the area contingency
plan, including an evaluation of
equipment readiness and
coordination among responsible
public agencies and private
organizations.
(iv) Assistance in locating spill
response resources for both response
and planning, using the NSFCC's
national and international
computerized inventory of spill
response resources.
(v) Coordination and evaluation of
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 18
pollution response exercises
(vi) Inspection of district
prepositioned pollution response
equipment.
(3) PIAT is an element of the
NSFCC staff which is available to
assist OSCs to meet the demands for
public information during a response
or exercise. Its use is encouraged any
time the OSC requires outside public
affairs support. Requests for PIAT
assistance may be made through the
NSFCC or NRC.
(b)(1) The Environmental
Response Team (ERT) is established
by EPA in accordance with its
disaster and emergency
responsibilities. The ERT has
expertise in treatment technology,
biology, chemistry, hydrology,
geology, and engineering.
(2) The ERT can provide access to
special decontamination equipment
for chemical releases and advice to
the OSC/RPM in hazard evaluation;
risk assessment; multimedia
sampling and analysis program;
on-site safety, including development
and implementation plans; cleanup
techniques and priorities; water
supply decontamination and
protection; application of dispersants;
environmental assessment; degree of
cleanup required; and disposal of
contaminated material.
(3) The ERT also provides both
introductory and intermediate level
training courses to prepare response
personnel.
(4) OSC/RPM or RRT requests for
ERT support should be made to the
EPA representative on the RRT;
EPA Headquarters, Director,
Emergency Response Division; or
the appropriate EPA regional
emergency coordinator.
(c) Scientific Support Coordinators
(SSCs) may be designated by the
OSC (and RPM in the case of EPA
SSCs) as the principal advisors for
scientific issues, communication with
the scientific community, and
coordination of requests for
assistance from state and federal
agencies regarding scientific studies.
The SSC strives for a consensus on
scientific issues affecting the
response, but ensures that differing
opinions within the community are
communicated to the OSC/RPM.
(1) Generally, SSCs are provided
by NOAA in the coastal zones, and
by EPA in the inland zone.
OSC/RPM requests for SSC support
can be made directly to the SSC
assigned to the area or to the agency
member of the RRT. NOAA SSCs
can also be requested through
NOAA's SSC program office in
Seattle, WA. NOAA SSCs are
assigned to USCG Districts and are
supported by a scientific support
team that includes expertise in
environmental chemistry, oil slick
tracking, pollutant transport
modeling, natural resources at risk,
environmental tradeoffs of
countermeasures and cleanup, and
information management.
(2) During a response, the SSC
serves on the federal OSC's/RPM's
staff and may, at the request of the
OSC/RPM, lead the scientific team
and be responsible for providing
scientific support for operational
decisions and for coordinating
on-scene scientific activity.
Depending on the nature and location
of the incident, the SSC integrates
expertise from governmental
agencies, universities, community
representatives, and industry to assist
the OSC/RPM in evaluating the
hazards and potential effects of
releases and in developing response
strategies..
(3) At the request of the OSC, the
SSC may facilitate the OSC's work
with the lead administrative trustee
for natural resources to ensure
coordination between damage
assessment data collection efforts and
data collected in support of response
operations.
(4) SSCs support the Regional
Response Teams and the Area
Committees in preparing regional
and area contingency plans and in
conducting spill training and
exercises. For area plans, the SSC
provides leadership for the synthesis
and integration of environmental
information required for spill
response decisions in support of the
OSC.
(d)(1) SUPSALV has an extensive
salvage/search and recovery
equipment inventory with the
requisite knowledge and expertise to
support these operations, including
specialized salvage, firefighting, and
petroleum, oil and lubricants
offloading capability.
(2) When possible, SUPSALV will
provide equipment for training
exercises in support of national and
regional contingency planning
objectives.
(3) The OSC/RPM may request
assistance directly from SUPSALV.
Formal requests are routed through
the Chief of Naval Operations
(N312).
(e) For marine salvage operations,
OSCs/RPMs with responsibility for
monitoring, evaluating, or
supervising these activities should
request technical assistance from
DOD, the Strike Teams, or
commercial salvors as necessary to
ensure that proper actions are taken.
Marine salvage operations generally
fall into five categories: afloat
salvage; offshore salvage; river and
harbor clearance; cargo salvage; and
rescue towing. Each category -
requires different knowledge and
specialized types of equipment The
complexity of such operations may be
further compounded by local
environmental and geographic
conditions. The nature of marine
salvage and the conditions under
which it occurs combine to make
such operations imprecise, difficult,
hazardous, and expensive. Thus,
responsible parties or other persons
attempting to perform such
operations without adequate
knowledge, equipment, and
experience could aggravate, rather
than relieve, the situation.
(f) Radiological Emergency
Response Teams (RERTs) have been
established by EPA's Office of
Radiation Programs (ORP) to
provide response and support for
incidents or sites containing
radiological hazards. Expertise is
available in radiation monitoring,
radionuclide analysis, radiation health
physics, and risk assessment. RERTs
can provide on-site support including
mobile monitoring laboratories for
field analyses of samples and fixed
laboratories for radiochemical
sampling analyses. Requests for
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 19
support may be made 24 hours a day
via the NRC or directly to the EPA
Radiological Response Coordinator
in the Office of Radiation Programs,
Assistance is also available from
DOE and other federal agencies.
(g)( 1) DRGs assist the OSC by
providing technical assistance,
personnel, and equipment, including
pre-positioned equipment. Each
DRG consists of all Coast Guard
personnel and equipment, including
marine firefighting equipment, in its
district, additional pre-positioned
equipment, and a District Response
Advisory Team (DRAT) that is
available to provide support to the
OSC in the event that a spill exceeds
local response capabilities. Each
DRG:
(1) Shall provide technical
assistance, equipment, and other
resources, as available, when
requested by an OSC through the
USCG representative to the RRT;
(ii) Shall ensure maintenance of all
USCG response equipment within its
district;
(iii) May provide technical
assistance in the preparation of the
ACP; and
(iv) Shall review each of those
plans that affect its area of
geographic responsibility.
(2) In deciding where to locate
personnel and pre-positioned
equipment, the USCG shall give
priority emphasis to:
(i) The availability of facilities for
loading and unloading heavy or bulky
equipment by barge;
(ii) The proximity to an airport
capable of supporting large military
transport aircraft;
(iii) The flight time to provide
response to oil spills in all areas of
the Coast Guard district with the
potential for marine casualties;
(iv) The availability of trained local
personnel capable of responding in
an oil spill emergency; and
(v) Areas where large quantities of
petroleum products are transported.
(h) The NPFC is responsible for
implementing those portions of Titte
I of the OPA that have been
delegated to the Secretary of the
department in which the Coast Guard
is operating. The NPFC is
responsible for addressing funding
issues arising from discharges and
threats of discharges of oil. The
NPFC:
(1) Issues Certificates of Financial
Responsibility to owners and
operators of vessels to pay for costs
and damages that are incurred by
their vessels as a result of oil
discharges;
(2) Provides funding for various
response organizations for timely
abatement and removal actions
related to oil discharges;
(3) Provides equitable
compensation to claimants who
sustain costs and damages from oil
discharges when the responsible
party fails to do so;
(4) Recovers monies from persons
liable for costs and damages resulting
from oil discharges to the full extent
of liability under the law; and
(5) Provides funds to initiate
natural resource damage
assessments.
§ 300.150 Worker health and
safety.
(a) Response actions under the
,NCP will comply with the provisions
for response action worker safety and
health in 29 CFR 1910.120. The
NRS meets the requirements of 29
CFR 1910.120 concerning use of an
incident command system.
(b) In a response action taken by a
responsible party, the responsible
party must assure that an
occupational safety and health
program consistent with 29 CFR
1910.120 is made available for the
protection of workers at the response
site.
(c) In a response taken under the
NCP by a lead agency, an
occupational safety and health
program should be made available
for the protection of workers at the
response site, consistent with, and to
the extent required by, 29 CFR
1910.120. Contracts relating to a
response action under the NCP
should contain assurances that the
contractor at the response site will
comply with this program and with
any applicable provisions of the
Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.)
(OSH Act) and state laws with plans
approved under section 18 of the
OSH Act.
(d) When a state, or political
subdivision of a state, without an
OSHA-approved state plan is the
lead agency for response, the state or
political subdivision must comply
with standards in 40 CFR part 311,
promulgated by EPA pursuant to
section 126(f) of SARA.
(e) Requirements, standards, and
regulations of the OSH Act and of
state OSH laws not directly
referenced in paragraphs
(a) through (d) of this section, must
be complied with where applicable.
Federal OSH Act requirements
include, among other things,
Construction Standards (29 CFR part
1926), General Industry Standards
(29 CFR part 1910), and the general
duty requirement of section 5(a)(1) of
the OSH Act (29 U.S.C. 654(a)(1)).
No action by the lead agency with
respect to response activities under
the NCP constitutes an exercise of
statutory authority within the
meaning of section 4(b)(1) of the
OSH Act. All governmental agencies
and private employers are directly
responsible for the health and safety
of their own employees.
§300.155 Public information and
community relations.
(a) 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. OSCs/RPMs
and community relations personnel
should ensure that all appropriate
public and private interests are kept
informed and that their concerns are
considered throughout a response.
They should coordinate with
available public affairs/community
relations resources to cany out this
responsibility by establishing, as
appropriate, a Joint Information
Center bringing together resources
from federal and state agencies and
the responsible party.
(b) An on-scene news office may
be established to coordinate media
relations and to issue official federal
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp20
information on an incident.
Whenever possible, it will be headed
by a representative of the lead
agency. The OSC/RPM determines
the location of the on-scene news
office, but every effort should be
made to locate it near the scene of the
incident. If a participating agency
believes public interest warrants the
issuance of statements and an
on-scene news office has not been
established, the affected agency
should recommend its establishment.
All federal news releases or
statements by participating agencies
should be cleared through the
OSC/RPM. Information
dissemination relating to natural ,
resource damage assessment
activities shall be coordinated
through the lead administrative
trustee. The designated lead
administrative trustee may assist the
OSC/RPM by disseminating
information on issues relating to
damage assessment activities.
Following termination of removal
activity, information dissemination on
damage assessment activities shall be
through the lead administrative
trustee.
(c) The community relations
requirements specified in §§
300.415,300.430, and 300.435
apply to removal, remedial, and
enforcement actions and are intended
to promote active communication
between communities affected by
discharges or releases and the lead
agency responsible for response
actions. Community Relations Plans
(CRPs) are required by EPA for
certain response actions. The
OSC/RPM should ensure
coordination with such plans which
may be in effect at the scene of a
discharge or release or which may
need to be developed during
follow-up activities.
§ 300.160 Documentation and
cost recovery.
(a) For releases of a hazardous
substance, pollutant, or contaminant,
the following provisions apply:
(1) During all phases of response,
the lead agency shall complete and
maintain documentation to support
all actions taken under the NCP and
to form the basis for cost recovery. In
general, documentation shall be
sufficient to provide the source and
circumstances of the release, the
identity of responsible parties, the
response action taken, accurate
accounting of federal, state, or private
party costs incurred for response
actions, and impacts and potential
impacts to the public health and
welfare and the environment. Where
applicable, documentation shall state
when the NRC received notification
of a release of a reportable quantity.
(2) The information and reports
obtained by the lead agency for
Fund-financed response actions shall,
as appropriate, be transmitted to the
chair of the RRT. Copies can then be
forwarded to the NRT, members of
the RRT, and others as appropriate.
(3) The lead agency shall make
available to the trustees of affected
natural resources information and
documentation that can assist the
trustees in the determination of actual
or potential natural resource injuries.
(b) For discharges of oil,
documentation and cost recovery
provisions are described in §
300.315.
(c) Response actions undertaken by
the participating agencies shall be
carried out under existing programs
and authorities when available.
Federal agencies arc to make
resources available, expend funds, or
participate in response to discharges
and releases under their existing
authority. Interagency agreements
may be signed when necessary to
ensure that the federal resources will
be available for a timely response to
a discharge or release. The ultimate
decision as to the appropriateness of
expending funds rests with the
agency that is held accountable for
such expenditures. Further funding
provisions for discharges of oil are
described in § 300.335.
(d) The Administrator of EPA and
the Administrator of the Agency for
Toxic Substances and Disease
Registry (ATSDR) shall assure that
the costs of health assessment or
health effect studies conducted under
the authority of CERCLA section
104(i) are documented in accordance
with standard EPA procedures for
cost recovery. Documentation shall
include information on the nature of
the hazardous substances addressed
by the research, information
concerning the locations where these
substances have been found, and any
available information on response
actions taken concerning these
substances at the location.
§300.165 OSC reports.
(a) As requested by the NRT or
RRT, the OSC/RPM shall submit to
the NRT or RRT a complete report
on the removal operation and the
actions taken. The RRT shall review
the OSC report and send to the NRT
a copy of the OSC report with its
comments or recommendations
within 30 days after the RRT has
received the OSC report.
(b) The OSC report shall record the
situation as it developed, the actions
taken, the resources committed, and
the problems encountered.
§ 300.170 Federal agency
participation.
Federal agencies listed in §
300.175 have duties established by
statute, executive order, or
Presidential directive which may
apply to federal response actions
following, or in prevention of, the
discharge of oil or release of a
hazardous substance, pollutant, or
contaminant. 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 as described in subpart G of
this part. The NRT, RRT, and Area
Committee organizational structure,
and the NCP, RCPs and ACPs,
described in § 300.210, provide for
agencies to coordinate with each
other in carrying out these duties.
(a) Federal agencies may be called
upon by an OSC/RPM during
response planning and
implementation to provide assistance
in their respective areas of expertise,
as described in § 300.175, consistent
with the agencies' capabilities and
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp21
authorities. .
(b) In addition to their general
responsibilities, federal agencies
should:
(1) Make necessary information
available to the Secretary of the
NRT, RRTs, Area Committees, and
OSCs/RPMs.
(2) Provide representatives to the
NRT and RRTs and otherwise assist
RRTs and OSCs, as necessary, in
formulating RCPs and ACPs.
(3) Inform the NRT, RRTs, and
Area Committees, consistent with
national security considerations, of
changes in the availability of
resources that would affect the
operations implemented under the
NCP.
(c) All federal agencies are
responsible for reporting releases of
hazardous substances from facilities
or vessels under their jurisdiction or
control in accordance with section
103 of CERCLA.
(d) All federal agencies are
encouraged to report releases of
pollutants or contaminants and must
report discharges of oil, as required
in 40 CFR part 110, from facilities or
vessels under their jurisdiction or
control to the NRC.
§ 300.175 Federal agencies:
additional responsibilities and
assistance.
(a) During preparedness planning
or in an actual response, various
federal agencies may be called upon
to provide assistance in their
respective areas of expertise, as
indicated in paragraph (b) of this
section, consistent with agency legal
authorities and capabilities.
(b) The federal agencies include:
(1) USCG, as provided in 14
U.S.C. 1 -3, is an agency in DOT,
except when operating as an agency
in the United States Navy (USN) in
time of war. The USCG provides the
NRT vice chair, co-chairs for the
standing RRTs, and predesignated
OSCs for the coastal zone, as
described in § 300.120(a)(1). The
USCG maintains continuously
manned facilities which can be used
for command, control, and
surveillance of oil discharges and
hazardous substance releases
occurring in the coastal zone. The
USCG also offers expertise in
domestic and international fields of
port safety and security, maritime law
enforcement, ship navigation and
construction, and the manning,
operation, and safety of vessels and
marine facilities. The USCG may
enter into a contract or cooperative
agreement with the appropriate state
in order to implement a response
action.
(2) EPA chairs the NRT and
co-chairs, with the USCG, the
standing RRTs, provides
predesignated OSCs for all inland
areas for which an ACP is required
under CWA section 31 l(j) and for
discharges and releases occurring in
the inland zone and RPMs for
remedial actions except as otherwise
provided; and generally provides the
SSC for responses in the inland zone.
EPA provides expertise on human
health and ecological effects of oil
discharges or releases of hazardous
substances, pollutants, or
contaminants; ecological and human
health risk assessment methods; and
environmental pollution control
techniques. Access to EPA's
scientific expertise can be facilitated
through the EPA representative to the
Research and Development
Committee of the National Response
Team; the EPA Office of Research
and Development's Supcrfiind
Technical Liaisons or Regional
Scientists located in EPA Regional
ollices; or through EPA's Oflice of
Science Planning and Regulatory
Evaluation. EPA also provides legal
expertise on the interpretation of
CERCLA and other environmental
statutes. EPA may enter into a
contract or cooperative agreement
with the appropriate state in order to
implement a response action.
(3) FEMA provides guidance,
policy and program advice, and
technical assistance in hazardous
materials, chemical, and radiological
emergency preparedness activities
(including planning, training, and
exercising). FEMA's primary point of
contact for administering financial
and technical assistance to state and
local governments to support their
efforts to develop and maintain an
effective emergency management and
response capability is the
Preparedness, Training, and
Exercises Directorate.
(4) DOD has responsibility to take
all action necessary with respect to
releases 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 addition to those
capabilities provided by SUPSALV,
DOD may also, consistent with its
operational requirements and upon
request of the OSC, provide locally
deployed USN oil spill equipment
and provide assistance to other
federal agencies on request. The
following two branches of DOD have
particularly relevant expertise:
(i) The United States Army Corps
of Engineers has specialized
equipment and personnel for
maintaining navigation channels, for
removing navigation obstructions, for
accomplishing structural repairs, and
for performing maintenance to •
hydropower electric generating
equipment. The Corps can also
provide design services, perform
construction, and provide contract
writing and contract administrative
services for other federal agencies.
(ii) The U.S. Navy Supervisor of
Salvage (SUPSALV) is the branch of
service within DOD most
knowledgeable and experienced in
ship salvage, shipboard damage
control, and diving. The USN has an
extensive array of specialized
equipment and personnel available
for use in these areas as well as
specialized containment, collection,
and removal equipment specifically
designed for salvage-related and
open-sea pollution incidents.
(5) DOE generally provides
designated OSCs/RPMs that are
responsible for taking all response
actions with respect to releases where
either the release is on, or the sole
source of the release is from, any
facility or vessel under its
jurisdiction, custody, or control,
including vessels bareboat-chartered
and operated. In addition, under the
FRERP, DOE provides advice and
assistance to other OSCs/RPMs for
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp22
emergency actions essential for the
control of immediate radiological
hazards. Incidents that qualify for
DOE radiological advice and
assistance are those believed to
involve source, by-product, or
special nuclear material or other
ionizing radiation sources, including
radium, and other naturally occurring
radionuclides, as well as particle
accelerators. Assistance is available
through direct contact with the
appropriate DOE Radiological
Assistance Program Regional Office.
(6) The Department of Agriculture
(USDA) has scientific and technical
capability to measure, evaluate, and
monitor, either on the ground or by
use of aircraft, situations where
natural resources including soil,
water, wildlife, and vegetation have
been impacted by fire, insects and
diseases, floods, hazardous
substances, and other natural or
man-caused emergencies. The
USD A may be contacted through
Forest Service emergency staff
officers who are the designated
members of the RRT. Agencies
within USDA have relevant
capabilities and expertise as follows:
(i) The Forest Service has
responsibility for protection and
management of national forests and
national grasslands. The Forest
Service has personnel, laboratory,
and field capability to measure,
evaluate, monitor, and control as
needed, releases of pesticides and
other hazardous substances on lands
under its jurisdiction.
(ii) The Agriculture Research
Service (ARS) administers an
applied and developmental research
program in animal and plant
protection and production; the use
and improvement of soil, water, and
air; the processing, storage, and
distribution of farm products; and
human nutrition. The ARS has the
capabilities to provide regulation of,
and evaluation and training for,
employees exposed to biological,
chemical, radiological, and industrial
hazards. In emergency situations, the
ARS can identify, control, and abate
pollution in the areas of air, soil,
wastes, pesticides, radiation, and
toxic substances for ARS facilities.
(iii) The Soil Conservation Service
(SCS) has personnel in nearly every
county in the nation who are
knowledgeable in soil, agronomy,
engineering, and biology. These
personnel can help to predict the
effects of pollutants on soil and their
movements over and through soils.
Technical specialists can assist in
identifying potential hazardous waste
sites and provide review and advice
on plans for remedial measures.
(iv) The Animal and Plant Health
Inspection Service (APHIS) can
respond in an emergency to regulate
movement of diseased or infected
organisms to prevent the spread and
contamination of nonaffected areas.
(v) The Food Safety and Inspection
Service (FSIS) has responsibility to
prevent meat and poultry products
contaminated with harmful
substances from entering human food
channels. In emergencies, the FSIS
works with other federal and state
agencies to establish acceptability for
slaughter of exposed or potentially
exposed animals and their products.
In addition they are charged with
managing the Federal Radiological
Emergency Response Program for
the USDA.
(7) DOC, through NOAA, provides
scientific support for response and
contingency planning in coastal and
marine areas, including assessments
of the hazards that may be involved,
predictions of movement and
dispersion of oil and hazardous
substances through trajectory
modeling, and information on the
sensitivity of coastal environments to
oil and hazardous substances and
associated clean-up and mitigation
methods; provides expertise on living
marine resources and their habitats,
including endangered species, marine
mammals and National Marine
Sanctuary ecosystems; provides
information on actual and predicted
meteorological, hydrological, ice, and
oceanographic conditions for marine,
coastal, and inland waters, and tide
and circulation data for coastal and
territorial waters and for the Great
Lakes.
(8) HHS assists with the
assessment, preservation, and
protection of human health and helps
ensure the availability of essential
human services. HHS provides
technical and nontechnical assistance
r -.he form of advice, guidance, and
r >urces to other federal agencies as
well as state and local governments.
(i) The principal HHS response
comes from the U.S. Public Health
Service and is coordinated from the
Office of the Assistant Secretary for
Health, and various Public Health
Service regional offices. Within the
Public Health Service, the primary
response to a hazardous materials
emergency comes from Agency for
Toxic Substances and Disease
Registry (ATSDR) and the Centos
for Disease Control (CDC). Both
ATSDR and CDC have a 24-hour
emergency response capability
wherein scientific and technical
personnel are available to 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
releases regulated under the CWA
and OPA while ATSDR takes the
lead during chemical releases under
CERCLA. -Both agencies are
mutually supportive.
(ii) Other Public Health Service
agencies involved in support during
hazardous materials incidents either
directly or through ATSDR/CDC
include the Food and Drug
Administration, the Health Resources
and Services Administration, the
Indian Health Service, and the
National Institutes of Health.
(iii) Statutory authority for
HHS/National Institutes for
Environmental Health Sciences
(NIEHS) involvement in hazardous
materials accident prevention is
non-regulatory in nature and focused
on two primary areas for preventing
community and worker exposure to
hazardous materials releases: Worker
safely u aining and basic research
activities. Under section 126 of
SARA, NIEHS is given statutory
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 23
authority for supporting development
of curricula and model training
programs for waste workers and
chemical emergency responders.
Under section 118(b) of the
Hazardous Materials Transportation
and Uniform Safety Act (HMTUSA)
(49 U.S.C. 1802 et seq.), NIEHS
also administers the Hazmat
Employee Training Program to
prepare curricula and training for
hazardous materials transportation
workers. In the basic research arena,
NIEHS is authorized under section
311 of SARA to conduct a hazardous
substance basic research and training
program to evaluate toxic effects and
assess human health risks from
accidental releases of hazardous
materials. Under Title IX, section
901(h) of the Clean Air Act
Amendments, NIEHS also is
authorized to conduct basic research
on air pollutants, as well as train
physicians in environmental health.
Federal research and training in
hazardous materials release
prevention represents an important
non-regulatory activity and
supplements ongoing private sector
programs.
(9) DOI may be contacted through
Regional Environmental Officers
(REOs). who are the designated
members of RRTs. Department land
managers have jurisdiction over the
national park system, national
wildlife refuges and fish hatcheries,
the public lands, and certain water
projects in western states. In
addition, bureaus and offices have
relevant expertise as follows:
(i) United States Fish and Wildlife
Service (USFWS) and other
Bureaus: Anadromous and certain
other fishes and wildlife, including
endangered and threatened species,
migratory birds, and certain marine
mammals; waters and wetlands; and
effects on natural resources.
(ii) The National Biological Survey
performs research in support of
biological resource management;
inventories, monitors, and reports on
the status and trends in the Nation's
biotic resources; and transfers the
information gained in research and
monitoring to resource managers and
others concerned with the care, use,
and conservation of the Nation's
natural resources. The National
Biological Survey has
laboratory/research facilities.
(iii) Geological Survey: Geology,
hydrology (ground water and surface
water), and natural hazards.
(iv) Bureau of Land Management:
Minerals, soils, vegetation, wildlife,
habitat, archaeology, and wilderness;
and hazardous materials.
(v) Minerals Management Service:
Oversight of offshore oil and gas
exploration and production facilities
and associated pipelines and pipeline
facilities under the Outer Continental
Shelf Lands Act and the CWA; oil
spill response technology research;
and establishing oil discharge
contingency planning requirements
for offshore facilities.
(vi) Bureau of Mines: Analysis and
identification of inorganic hazardous
substances and technical expertise in
metals and metallurgy relevant to site
cleanup.
(vii) Office of Surface Mining:
Coal mine wastes and land
reclamation.
(viii) National Park Service:
General biological, natural, and
cultural resource managers to
evaluate, measure, monitor, and
contain threats to park system lands
and resources; archaeological and
historical expertise in protection,
preservation, evaluation, impact
mitigation, and restoration of cultural
resources; emergency personnel.
(ix) Bureau of Reclamation:
Operation and maintenance of water
projects in the West; engineering and
hydrology; and reservoirs.
(x) Bureau of Indian Affairs:
Coordination of activities affecting
Indian lands; assistance in identifying
Indian tribal government officials.
(xi) Office of Territorial Affairs:
Assistance in implementing the NCP
in American Samoa, Guam, the
Pacific Island Governments, the
Northern Mariana Islands, and the
Virgin Islands.
(10) The Department of Justice
(DOJ) can provide expert advice on
complicated legal questions arising
from discharges or releases, and
federal agency responses. In addition,
the DOJ represents the federal
government, including its agencies,
in litigation relating to such
discharges or releases. Other legal
issues or questions shall be directed
to the federal agency counsel for the
agency providing the OSC/RPM for
the response.
(11) The Department of Labor
(DOL), through OSHA and the states
operating plans approved under
section 18 of the OSH Act, has
authority to conduct safety and health
inspections of hazardous waste sites
to assure that employees are being
protected and to determine if the site
is in compliance with:
(i) Safety and health standards and
regulations promulgated by OSHA
(or the states) in accordance with
section 126 of SARA and all other
applicable standards; and
(ii) Regulations promulgated under
the OSH Act and its general duty
clause. OSHA inspections may be
self-generated, consistent with its
program operations and objectives,
or may be conducted in response to
requests from EPA or another lead
agency, or in response to accidents or
employee complaints. OSHA may
also conduct inspections at hazardous
waste sites in those states with
approved plans that choose not to
exercise their jurisdiction to inspect
such sites. On request, OSHA will
provide advice and consultation to
EPA and other NRT/RRT agencies
as well as to the OSC/RPM regarding
hazards to persons engaged in
response activities. OSHA may also
take any other action necessary to
assure that employees are properly
protected at such response activities.
Any questions about occupational
safety and health at these sites may be
referred to the OSHA Regional
Office.
(12) DOT provides response
expertise pertaining to transportation
of oil or hazardous substances by all
modes of transportation. Through the
Research and Special Programs
Administration (RSPA), DOT offers
expertise in the requirements for
packaging, handling, and transporting
regulated hazardous materials. DOT,
through RSPA, establishes oil
discharge contingency planning
requirements for pipelines, transport
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40 CFR -300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 24
by rail and containers or bulk
transport of oil.
(] The Department of State
(D ! will lead in the development
of Kuumational joint contingency
plans. It will also help to coordinate
an international response when
discharges or releases cross
international boundaries or involve
foreign flag vessels. Additionally,
DOS will coordinate requests for
assistance from foreign governments
and U.S. proposals for conducting
research at incidents that occur in
waters of other countries.
(14) The Nuclear Regulatory
Commission will respond, as
appropriate, to releases of radioactive
materials by its licensees, in
accordance with the NRC Incident
Response Plan (NUREG-0728) to
monitor the actions of those licensees
and assure that the public health and
environment are protected and
adequate recovery operations are
instituted. The Nuclear Regulatory
Commission will keep EPA informed
of any significant actual or potential
releases in accordance with
procedural agreements. In addition,
the Nuclear Regulatory Commission
will provide advice to the OSC/RPM
when assistance is required in
identifying the source and character
of other hazardous substance releases
where the Nuclear Regulatory
Commission has licensing authority
for activities utilizing radioactive
materials,
(15) The General Services
Administration (GSA) provides
logistic and telecommunications
support to federal agencies. During
an emergency situation, GSA quickly
responds to aid state and local
governments as directed by other
federal agencies. The type of support
provided might include leasing and
furnishing office space, setting up
telecommunications and
transportation services, and advisory
assistance.
§300.180 State and local
participation in response.
(a) Each state governor is
requested to designate one state
office/representative to represent the
state on the appropriate RRT. The
state's office/representative may
participate fully in all activities of the
appropriate RR~ Each state
governor is also ^quested to
designate a lead state agency that will
direct state-lead response operations.
This agency is responsible for
designating the lead state response
official for federal and/or state-lead
response actions, and
coordinating/communicating with any
other state agencies, as appropriate.
Local governments are invited to
participate in activities on the
appropriate RRT as may be provided
by state law or arranged by the state's
representative. Indian tribes wishing
to participate should assign one
person or office to represent the tribal
government on the appropriate RRT.
(b) Appropriate local and state
officials (including Indian tribes) will
participate as part of the response
structure as provided in the ACP.
(c) In addition to meeting the
requirements for local emergency
plans under SARA section 303, state
and local government agencies are
encouraged to include contingency
planning for responses, consistent
with the NCP, RCP, and ACP in all
emergency and disaster planning.
(d) For facilities not addressed
under CERCLA or the CWA, states
are encouraged to undertake response
actions themselves or to use their
authorities to compel potentially
responsible parties to undertake
response actions.
(e) States are encouraged to enter
into cooperative agreements pursuant
to sections 104 (c)(3) and (d) of
CERCLA to enable them to
undertake actions authorized under
subpart E of the NCP. Requirements
for entering into these agreements are
included in subpart F of the NCP. A
state agency that acts pursuant to
such agreements is referred to as the
lead agency. In the event there is no
cooperative agreement, the lead
agency can be designated in a SMOA
or other agreement.
(0 Because state and local public
safely organizations would normally
be the first government
representatives at the scene of a
discharge or release, they are
expected to initiate public safety
measures that are necessary to
protect public health and welfare and
that are consistent with containment
and cleanup requirements in the
NCP, and are responsible for
directing evacuations pursuant to
existing state or local procedures,
§ 300.185 Nongovernmental
participation.
(a) Industry groups, academic
organizations, and others are
encouraged to commit resources for
response operations. Specific
commitments should be listed in the
RCP and ACP. Those entities
required to develop tank vessel and
facility response plans under CWA
section 311 (j) must be able to
respond to a worst case discharge to
the maximum extent practicable, and
shall commit sufficient resources to
implement other aspects of those
plans in accordance with the
requirements of 30 CFR part 254,33
CFR parts 150, 154, and 155; 40
CFR part 112; and 49 CFR parts 171
and 194.
(b) The technical and scientific
information generated by the local
community, along with information
from federal, state, and local
governments, should be used to assist
the OSC/RPM in devising response
strategies where effective standard
techniques are unavailable. Such
information and strategies will be
incorporated into the ACP, as
appropriate. The SSC may act as
liaison between the OSC/RPM and
such interested organizations.
(c) ACPs shall establish procedures
to allow for well organized,
worthwhile, and safe use of
volunteers, including compliance
with § 300.150 regarding worker
health and safety. ACPs should
provide for the direction of
volunteers by the OSC/RPM or by
other federal, state, or local officials
knowledgeable in contingency
operations and capable of providing
leadership. ACPs also should identify
specific areas in which volunteers
can be used, such as beach
surveillance, logistical support, and
bird and wildlife treatment. Unless
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 25
specifically requested by the
OSC/RPM, volunteers generally
should not be used for physical
removal or remedial activities. If, in
the judgment of the OSC/RPM,
dangerous conditions exist,
volunteers shall be restricted from
on-scene operations.
(d) Nongovernmental participation
must be in compliance with the
requirements of subpart H of this part
if any recovery of costs will be
sought.
Subpart C-Planning and
Preparedness
§ 300.200 General.
This subpart summarizes
emergency preparedness activities
relating to discharges of oil and
releases of hazardous substances,
pollutants, or contaminants;
describes the three levels of
contingency planning under the
national response system; and
cross-references state and local
emergency preparedness activities
under SARA Title III, also known as
the "Emergency Planning and
Community Right-to-Know Act of
1986" but referred to herein as "Title
III." Regulations implementing Title
III are codified at 40 CFR
Subchapter J.
§ 300.205 Planning and
coordination structure.
(a) National. As described in §
300.110, the NRT is responsible for
national planning and coordination.
(b) Regional. As described in §
300.115, the RRTs are responsible
for regional planning and
coordination.
(c) Area. As required by section
311 (j) of the CWA, under the
direction of the federal OSC for its
area, Area Committees comprising
qualified personnel of federal, state,
and local agencies shall be
responsible for:
(1) Preparing an ACP for their
areas (as described in § 300.210(c));
(2) Working with appropriate
federal, state, and local officials to
enhance the contingency planning of
those officials and to assure
pre-planning of joint response efforts,
including appropriate procedures for
mechanical recover)', dispersal,
shoreline cleanup, protection of
sensitive environmental areas, and
protection, rescue, and rehabilitation
of fisheries and wildlife, and
(3) Working with appropriate
federal, state, and local officials to
expedite decisions for the use of
dispersants and other mitigating
substances and devices.
(d) State. As provided by sections
301 and 303 of Title III, 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, which are
described in § 300.215. The SERC
also is to establish procedures for
receiving and processing requests
from the public for information
generated by Title III reporting
requirements and to designate an
official to serve as coordinator for
information.
(e) Local. As provided by sections
301 and 303 of Title III, emergency
planning districts are designated by
the SERC in order to facilitate the
preparation and implementation of
emergency plans. Each LEPC is to
prepare a local emergency response
plan for the emergency planning
district and establish procedures for
receiving and processing requests
from the public for information
generated by Title III reporting
requirements. The LEPC is to
appoint a chair and establish rules for
the LEPC. The LEPC is to designate
an official to serve as coordinator for
information and designate in its plan
a community emergency coordinator.
(f) As required by section 31 l(j)(5)
of the CWA, a tank vessel, as defined
under section 2101 of title 46, U.S.
Code, an offshore facility, and an
onshore facility that, because of its
location, could reasonably be
expected to cause substantial harm to
the environment by discharging into
or on the navigable waters, adjoining
shorelines, or exclusive economic
zone must prepare and submit a plan
for responding, to the maximum
extent practicable, to a worst case
discharge, and to a substantial threat
of such a discharge, of oil or a
hazardous substance.
(g) The relationship of these plans
is described in Figure 4.
»» See the accompanying
hardcopy volume for
non-machine-readable
data that appears at this point.
««
§ 300.210 Federal contingency
plans.
There are three levels of
contingency plans under the national
response system: The National
Contingency Plan, RCPs, and ACPs.
These plans are available for
inspection at EPA regional offices or
USCG district offices. Addresses and
telephone numbers for these offices
may be found in the United States
Government Manual, issued
annually, or in local telephone
directories.
(a) The National Contingency Plan.
The purpose and objectives,
authority, and scope of the NCP are
described in §§ 300.1 through 300.3.
(b) Regional Contingency Plans.
The RRTs, working with the states,
shall develop federal RCPs for each
standard federal region, Alaska,
Oceania in the Pacific, and the
Caribbean to coordinate timely,
effective response by various federal
agencies and other organizations to
discharges of oil or releases of
hazardous substances, pollutants, or
contaminants. RCPs shall, as
appropriate, include information on
all useful facilities and resources in
the region, from government,
commercial, academic, and other
sources. To the greatest extent
possible, RCPs shall follow the
format of the NCP and be
coordinated with state emergency
response plans, ACPs, which are
described in § 300.210(c), and Title
III local emergency response plans,
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Figure 4
Relationship of Plans
•N.
Federal Agency
Internal Plans
Facility Response
Plans (FRPs)
State/Local
Plans
Vessel Response
Plans (VRPs)
International
Joint Plans
Federal Response
Plan (FRP)
Area Contingency
Plans (ACPs)
Regional
Contingency
Plans (RCPs)
National Oil and Hazardous
Substances Pollution
Contingency Plan
(NCP)
¦¦¦¦¦¦¦ Plans of the National Response System (NRS)
— — _ points of coordination with the NRS
Plans Integrated with the ACP
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 26
which are described in § 300.215.
Such coordination should be
accomplished by working with the
SERCs in the region covered by the
RCP. RCPs shall contain lines of
demarcation between the inland and
coastal zones, as mutually agreed
upon by USCG and EPA.
(c) Area Contingency Plans. (1)
Under the direction of an OSC and
subject to approval by the lead
agency, each Area Committee, in
consultation with the appropriate
RRTs, Coast Guard DRGs, the
NSFCC, SSCs, LEPCs, and SERCs,
shall develop an ACP for its
designated area. This plan, when
implemented in conjunction with
other provisions of the NCP, shall be
adequate to remove a worst case
discharge under § 300.324, and to
mitigate or prevent a substantial
threat of such a discharge, from a
vessel, offshore facility, or onshore
facility operating in or near the area.
(2) The areas of responsibility may
include several Title III local
planning districts, or parts of such
districts. In developing the ACP, the
OSC shall coordinate with affected
SERCs and LEPCs. The ACP shall
provide for a well coordinated
response that is integrated and
compatible, to the greatest extent
possible, with all appropriate
response plans of state, local, and
non-federal entities, and especially
with Title III local emergency
response plans.
(3) The ACP shall include the
following:
(i) A description of the area
covered by the plan, including the
areas of special economic or
environmental importance that might
be damaged by a discharge;
(ii) A description in detail of the
responsibilities of an owner or
operator and of federal, state, and
local agencies in removing a
discharge, and in mitigating or
preventing a substantial threat of a
discharge;
(iii) A list of equipment (including
firefighting equipment), dispersants,
or other mitigating substances and
devices, and personnel available to
an owner or operator and federal,
state, and local agencies, to ensure an
effective and immediate removal of a
discharge, and to ensure mitigation or
prevention of a substantial threat of a
discharge (this may be provided in an
appendix or by reference to other
relevant emergency plans (e.g., state
or LEPC plans), which may include
such equipment lists);
(iv) A description of procedures to
be followed for obtaining an
expedited decision regarding the use
of dispersants; and
(v) A detailed description of how
the plan is integrated into other ACPs
and tank vessel, offshore facility, and
onshore facility response plans
approved by the President, and into
operating procedures of the NSFCC.
(4)(i) In order to provide for
coordinated, immediate and effective
protection, rescue, and rehabilitation
of, and minimization of risk of injury
to, fish and wildlife resources and
habitat. Area Committees shall
incorporate into each ACP a detailed
annex containing a Fish and Wildlife
and Sensitive Environments Plan that
is consistent with the RCP and NCP.
The annex shall be prepared in •
consultation with the USFWS and
NOAA and other interested natural
resource management agencies and
parties. It shall address fish and
wildlife resources and their habitat,
and shall include other areas
considered sensitive environments in
a separate section of the annex, based
upon Area Committee
recommendations. The annex will
provide the necessary information
and procedures to immediately and
effectively respond to discharges that
may adversely affect fish and wildlife
and their habitat and sensitive
environments, including provisions
for a response to a worst case
discharge. Such information shall
include the identification of
appropriate agencies and their
responsibilities, procedures to notify
these agencies following a discharge
or threat of a discharge, protocols for
obtaining required fish and wildlife
permits and other necessaiy permits,
and provisions to ensure
compatibility of annex-related
activities with removal operations,
(ii) The annex shall:
(A) Identify and establish priorities
for fish and wildlife resources and
their habitats and other important
sensitive areas requiring protection
from any direct or indirect effects
from discharges that may occur.
These effects include, but are not
limited to, any seasonal or historical
use, as well as all critical, special,
significant, or otherwise designated
protected areas.
(B) Provide a mechanism to be
used during a spill response for
timely identification of protection
priorities of those fish and wildlife
resources and habitats and sensitive
environmental areas that may be
threatened or injured by a discharge.
These include as appropriate, not
only marine and freshwater species,
habitats, and their food sources, but
also terrestrial wildlife and their
habitats that may be affected directly
by onshore oil or indirectly by
oil-related factors, such as loss or
contamination of forage. The
mechanism shall also provide for
expeditious evaluation and
appropriate consultations on the
effects to fish and wildlife, their
habitat, and other sensitive
environments from the application of
chemical countermeasures or other
counter-measures not addressed under
paragraph (e)(4)(iii),
(C) Identify potential
environmental effects on fish and
wildlife, their habitat, and other
sensitive environments resulting from
removal actions or countermeasures,
including the option of no removal.
Based on this evaluation of potential
environmental effects, the annex
should establish priorities for
application of countermeasure and
removal actions to habitats within the
geographic region of the ACP. The
annex should establish methods to
minimize the identified effects on fish
and wildlife because of response
activities, including, but not limited
to: Disturbance of sensitive areas and
habitats; illegal or inadvertent taking
or disturbance of fish and wildlife or
specimens by response personnel;
and fish and wildlife, their habitat,
and environmentally sensitive areas
coming in contact with various
cleaning or bioremediation agents.
Furthermore, the annex should
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40 CFR 300 NATIONAL OIL AMD HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 27
identify the areas where the
movement of oiled debris may pose a
risk to resident, transient, or
migratory fish and wildlife, and other
sensitive environments and should
discuss measures to be considered for
removing such oiled debris in a
timely fashion to reduce such risk.
(D) Provide for pre-approval of
application of specific
countermeasures or removal actions
that, if expeditiously applied, will
minimize adverse spill-induced
impacts to fish and wildlife
resources, their habitat, and other
sensitive environments. Such
pre-approval plans must be
consistent with paragraphs (c)(4)(ii)
(B) and (C) of this section and
subpart J requirements, and must
have the concurrence of the natural
resource trustees.
(E) Provide monitoring plan(s) to
evaluate the effectiveness of different
countermeasures or removal actions
in protecting the environment
Monitoring should include
set-aside" or'' control" areas, where
no mitigative actions are taken.
(F) Identify and plan for the
acquisition and utilization of
necessary response capabilities for
protection, rescue, and rehabilitation
of fish and wildlife resources and
habitat. This may include
appropriately permitted private
organizations and individuals with
appropriate expertise and experience.
The suitable organizations should be
identified in cooperation with natural
resource law enforcement agencies.
Such capabilities shall include, but
not be limited to, identification of
facilities and equipment necessary for
deterring sensitive fish and wildlife
from entering oiled areas, and for
capturing, holding, cleaning, and
releasing injured wildlife. Plans for
the provision of such capabilities
shall ensure that there is no
interference with other OSC removal
operations.
(G) Identify appropriate federal and
state agency contacts and alternates
responsible for coordination of fish
and wildlife rescue and rehabilitation
and protection of sensitive
environments; identify and provide
for required fish and wildlife
handling and rehabilitation permits
necessary under federal and state
laws; jnd provide guidance on the
implementation of law enforcement
requirements included under current
federal and state laws and
corresponding regulations.
Requirements include, but are not
limited to procedures regarding the
capture, transport, rehabilitation, and
release of wildlife exposed to or
threatened by oil, and disposal of
contaminated carcasses of wildlife.
(H) entify and secure the means
for providing, if needed, the
minimum required OSHA and EPA
training for volunteers, including
those v-ho assist with injured wildlife.
(I) Define the requirements for
evaluating the compatibility between
this annex and non-federal response
plans (including those of vessels,
facilities, and pipelines) on issues
affecting fish and wildlife, their
habitat, and sensitive environments.
§ 300.211 OPA facility and vessel
response plans.
This section describes and
cross-references the regulations that
implement section 311 (j)(5) of the
CWA. A tank vessel, as defined
under section 2101 of title 46, U.S.
Code, an offshore facility, and an
onshore facility that, because of its
location, could reasonably expect to
cause substantial harm to the
environment by discharging into or
on the navigable waters, adjoining
shorelines, or exclusive economic
zone must prepare and submit a plan
lor responding, to the maximum
extent practicable, to a worst case
discharge, and to a substantial threat
of such a discharge, of oil or a
hazardous substance. These response
plans are required to be consistent
with applicable Area Contingency
Plans. These regulations are codified
as follows:
(a) For tank vessels, these
regulations are codified in 33 CFR
part 155;
(b) For offshore facilities, these
regulations are codified in 30 CFR
part 254;
(c) For non-transportation related
onshore facilities, these regulations
are codified in 40 CFR 112.20;
(d) For transportation-related
onshore facilities, these regulations
are codified in 33 CFR part 154;
(e) For pipeline facilities, these
regulations are codified in 49 CFR
part 194; and
(f) For rolling stock, these -
regulations are codified in 49 CFR
part 106 et al.
§ 300.212 Area response drills.
The OSC periodically shall conduct
drills of removal capability (including
fish and wildlife response capability),
without prior notice, in areas for
which ACPs are required by §
300.210(c) and under relevant tank
vessel and facility response plans.
§300.215 Title III local
emergency response plans.
This section describes and
cross-references the regulations that
implement Title III. These
regulations are codified at 40 GFR
part 355.
(a) Each LEPC is to prepare an
emergency response plan in
accordance with section 303 of Title
III and review the plan once a year,
or more frequently as changed
circumstances in the community or at
any facility may require. Such Title
III local emergency response plans
should be closely coordinated with
applicable federal ACPs and state
emergency response plans.
(b) [Reserved]
§ 300.220 Related Title III issues.
Other related Title III requirements
are found in 40 CFR part 355.
Subpart D-Operational Response
Phases for Oil Removal
§ 300.300 Phase I-Discovery or
notification.
(a) A discharge of oil may be
discovered through:
(1) A report submitted by the
person in charge of a vessel or
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 28
facility, in accordance with statutory
requirements;
(2) Deliberate search by patrols,
(3) Random or incidental
observation by government agencies
or the public; or
(4) Other sources.
(b) Any person in charge of a
vessel or a facility shall, as soon as he
or she has knowledge of any
discharge from such vessel or facility
in violation of section 311 (b)(3) of
the CWA, immediately notify the
NRC. If direct reporting to the NRC
is not practicable, reports may be
made to the USCG or EPA
predesignated OSC for the
geographic area where the discharge
occurs. The EPA predesignated OSC
may also be contacted through the
regional 24-hour emergency
response telephone number. All such
reports shall be promptly relayed to
the NRC. If it is not possible to notify
the NRC or predesignated OSC
immediately, reports may be made
immediately to the nearest Coast
Guard unit In any event such person
in charge of the vessel or facility shall
notify the NRC as soon as possible.
(c) Any other person shall, as
appropriate, notify the NRC of a
discharge of oil.
(d) Upon receipt of a notification of
discharge, the NRC shall promptly
notify the OSC. The OSC shall
ensure notification of the appropriate
state agency of any state which is, or
may reasonably be expected to be,
affected by the discharge. The OSC
shall then proceed with the following
phases as outlined in the RCP and
ACP.
§ 300.305 Phase II-Preliminary
assessment and initiation of action.
(a) The OSC is responsible for
promptly initiating a preliminary
assessment.
(b) The preliminary assessment
shall be conducted using available
information, supplemented where
necessary and possible by an
on-scene inspection. The OSC shall
undertake actions to:
(I) Evaluate the magnitude and
severity of the discharge or threat to
public health or welfare of the United
States or the environment;
(2) Assess the feasibility of
removal; and
(3) To the extent practicable,
identify potentially responsible
parties.
(c) Where practicable, the
framework for the response
management structure is a system
(e.g., a unified command system),
that brings together the functions of
the federal government, the state
government, and the responsible
party to achieve an effective and
efficient response, where the OSC
maintains authority.
(d) Except in a case when the OSC
is required to direct the response to a
discharge that may pose a substantial
threat to the public health or welfare
of the United States (including but
not limited to fish, shellfish, wildlife,
other natural resources, and the
public and private beaches and
shorelines of the United Slates), the
OSC may allow the responsible party
to voluntarily and promptly perform
removal actions, provided the OSC
determines such actions will ensure
an effective and immediate removal
of the discharge or mitigation or
prevention of a substantial threat of a
discharge. If the responsible party
does conduct the removal, the OSC'
shall ensure adequate surveillance
over whatever actions are initiated. If
effective actions are not being taken
to eliminate the threat, or if removal
is not being properly done, the OSC
should, to the extent practicable
under the circumstances, so advise
the responsible party. If the
responsible party does not respond
properly the OSC shall take
appropriate response actions and
should notify the responsible party of
the potential liability for federal
response costs incurred by the OSC
pursuant to the OPA and CWA.
Where practicable, continuing efforts
should be made to encourage
response by responsible parties.
(1) In carrying out a response under
this section, the OSC may;
(i) Remove or arrange for the
removal of a discharge, and mitigate
or prevent a substantial threat of a
discharge, at any time;
(ii) Direct or monitor all federal,
state, and private actions to remove a
discharge, and
(iii) Remove and, if necessary,
destroy a vessel discharging, or
threatening to discharge, by whatever
means are available.
(2) If the discharge results in a
substantial threat to the public-health
or welfare of the United States
(including, but not limited to fish,
shellfish, wildlife, other natural
resources, and the public and private
beaches and shorelines of the United
States), the OSC must direct all
response efforts, as provided in §
300.322(b) of this part. The OSC
should declare as expeditiously as
practicable to spill response
participants that the federal
government will direct the response.
The OSC may act without regard to
any other provision of the law
governing contracting procedures or
employment of personnel by the
federal government in removing or
arranging for the removal of such a
discharge.
(e) The OSC shall ensure that the
natural resource trustees are
promptly notified in the event of any
discharge of oil, to the maximum
extent practicable as provided in the
Fish and Wildlife and Sensitive
Environments Plan annex to the ACP
for the area in which the discharge
occurs. The OSC and the trustees
shall coordinate assessments,
evaluations, investigations, and
planning with respect to appropriate
removal actions. The OSC shall
consult with the affected trustees on
the appropriate removal action to be
taken. The trustees will provide
timely advice concerning
recommended actions with regard to
trustee resources potentially affected.
The trustees also will assure that the
OSC is informed of their activities in
natural resource damage assessment
that may affect response operations.
The trustees shall assure, through the
lead administrative trustee, that all
data from the natural resource
damage assessment activities that
may support more effective
operational decisions are provided in
a timely manner to the OSC. When
circumstances permit, the OSC shall
share the use of non-monetary
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 29
response resources (i.e., personnel
and equipment) with the trustees,
provided trustee activities do not
interfere with response actions. The
lead administrative trustee facilitates
effective and efficient communication
between the OSC and the other
trustees during response operations
and is responsible for applying to the
OSC for non-monetary federal
response resources on behalf of all
trustees. The lead administrative
trustee is also responsible for
applying to the NPFC for funding for
initiation of damage assessment for
injuries to natural resources.
§ 300J10 Phase
Dl-Containment,
countermeasures, cleanup, and
disposal.
(a) Defensive actions shall begin as
soon as possible to prevent,
minimize, or mitigate threat(s) to the
public health or welfare of the United
States or the environment. Actions
may include but are not limited to:
Analyzing water samples to
determine the source and spread of
the oil; controlling the source of
discharge; measuring and sampling,
source and spread control or salvage
operations; placement of physical
barriers to deter the spread of the oil
and to protect natural resources and
sensitive ecosystems; control of the
water discharged from upstream
impoundment; and the use of
chemicals and other materials in
accordance with subpart J of this part
to restrain the spread of the oil and
mitigate its effects. The ACP
prepared under § 300.210(c) should
be consulted for procedures to be
followed for obtaining an expedited
decision regarding the use of
dispersants and other products listed
on the NCP Product Schedule.
(b) As appropriate, actions shall be
taken to recover the oil or mitigate Its
effects. Of the numerous chemical or
physical methods that may be used,
the chosen methods shall be the most
consistent with protecting public
health and welfare and the
environment. Sinking agents shall not
be used.
(c) Oil and contaminated materials
recovered in cleanup operations shall
be disposed of in accordance with the
RCP, ACP, and any applicable laws,
regulations, or requirements. RRT
and Area Committee guidelines may
identify the disposal options available
during an oil spill response and may
describe what disposal requirements
are mandatory or may not be waived
by the OSC. ACP guidelines should
address: the sampling, testing, and
classifying of recovered oil and oiled
debris; the segregation, temporary
storage, and stockpiling of recovered
oil and oiled debris; prior state
disposal approvals and permits; and
the routes; methods (e.g.
recycle/reuse, on-site burning,
incineration, landfilling, etc.); and
sites for the disposal of collected oil,
oiled debns, and animal carcasses;
and procedures lor obtaining
waivers, exemptions, or
authorizations associated with
handling or transporting waste
materials. The ACPs may identify a
hierarchy of preferences for disposal
alternatives, with recycling
(reprocessing) being the most
preferred, and other alternatives
preferred based on priorities for
health or the environment.
§300.315 Phase
IV-Documentation and cost
recovery.
(a) All OSLTF users need to collect
and maintain documentation to
support all actions taken under the
CWA. In general, documentation
shall be sufficient to support full cost
recovery for resources utilized and
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. Documentation
procedures are contained in 33 CFR
part 136.
(b) When appropriate,
documentation shall also be collected
for scientific understanding of the
environment and for research and
development of improved response
methods and technology. Funding for
these actions is restricted by section
6002 of the OP A.
(c) OSCs shall submit OSC reports
to the NRT or RRT, only if
requested, as provided by § 300.165.
(d) OSCs shall ensure the
necessary collection and safeguarding
of information, samples, and reports,
iamples and information shall be
gathered expeditiously during the
response to ensure an accurate record
of the impacts incurred.
Documentation materials shall be
made available to the trustees of
affected natural resources. The OSC
shall make available to trustees of the
affected natural resources
information and documentation in the
OSCs possession that can assist the
trustees in the determination of actual
or potential natural resource injuries.
(e) Information and reports
obtained by the EPA or USCG OSC
shall be transmitted to the
appropriate offices responsible for
follow-up actions.
§ 300.317 National response
priorities.
(a) Safety of human life must be
given the top priority during every
response action. This includes any
search and rescue efforts in the
general proximity of the discharge
and the insurance of safety of
response personnel.
(b) Stabilizing the situation to
preclude the event from worsening is
the next priority. All efforts must be
focused on saving a vessel that has
been involved in a grounding,
collision, fire, or explosion, so that it
does not compound the problem.
Comparable measures should be
taken to stabilize a situation
involving a facility, pipeline, or other
source of pollution. Stabilizing the
situation includes securing the source
of the spill and/or removing the
remaining oil from the container
(vessel, tank, or pipeline) to prevent
additional oil spillage, to reduce the
need for follow-up response action,
and to minimize adverse impact to
the environment.
(c) The response must use all
necessary containment and removal
tactics in a coordinated manner to
ensure a timely, effective response
that minimizes adverse impact to the
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 30
environment.
(d) All-parts of this national
f response strategy should be
addressed concurrently, but safety
and stabilization are the highest
priorities. The OSC should not delay
containment and removal decisions
unnecessarily and should take actions
to minimize adverse impact to the
environment that begins as soon as a
discharge occurs, as well as actions
to minimize further adverse
environmental impact from additional
discharges.
(e) The priorities set forth in this
section are broad in nature, and
should not be interpreted to preclude
the consideration of other priorities
that may arise on a site-specific basis.
§ 300.320 General pattern of
response.
(a) When the OSC receives a
" report of a discharge, actions
normally should be taken in the
following sequence:
(1) Investigate the report to
determine pertinent information such
as the threat posed to public health or
welfare of the United States or the
environment, the type and quantity of
polluting material, and the source of
the discharge.
(2) Officially classify the size (i.e.,
minor, medium, major) and type (i.e.,
substantial threat to the public health
or welfare of the United States, worst
case discharge) of the discharge and
determine the course of action to be
followed to ensure effective and
immediate removal, mitigation, or
prevention of the discharge. Some
discharges that are classified as a
substantial threat to the public health
or welfare of the United States msy
be further classified as a spill of
national significance by the :
Administrator of EPA or the
Commandant of the USCG. The
appropriate course of action may be
prescribed in §§ 300.322, 300.323,
and 300.324.
(i) When the reported discharge is
an actual or potential major
discharge, the OSC shall immediately
notify the RRT and the NRC.
(ii) When the investigation shows
that an actual or potential medium
discharge exists, the OSC shall
recommend activation of the RRT, if
appropriate.
(iii) When the investigation shows
that an actual or potential minor
discharge exists, the OSC shall
monitor the situation to ensure that
proper removal action is being taken.
(3) If the OSC determines that
effective and immediate removal,
mitigation, or prevention of a
discharge can be achieved by private
party efforts, and where the discharge
does not pose a substantial threat to
the public health or welfare of the
United States, determine whether the
responsible party or other person is
properly carrying out removal.
Removal is being done properly
when:
(i) The responsible party is
applying the resources called for in
its response plan to effectively and
immediately remove, minimize, or
mitigate threat(s) to public health and
welfare and the environment; and
(ii) The removal efforts are in
accordance with applicable
regulations, including the NCP. Even
if the OSC supplements responsible
party resources with government
resources, the spill response will not
be considered improper, unless
specifically determined by the OSC.
(4) Where appropriate, determine
whether a state or political
subdivision thereof has the capability
to carry out any or all removal
actions. If so, the OSC may arrange
funding to support these actions.
(5) Ensure prompt notification of
the trustees of affected natural
resources in accordance with the
applicable RCP and ACP.
(b) Removal shall be considered
complete when so determined by the
OSC in consultation with the
Governor or Governors of the
affected states. When the OSC
considers removal complete, OSLTF
removal funding shall end. This
determination shall not preclude
additional removal actions under
applicable state law.
§ 300.322 Response to substantial
threats to public health or welfare
of the United States.
(a) As part of the investigation
described in § 300.320, the OSC
shall determine whether a discharge
results in a substantial threat to
public health or welfare of the United
States (including, but not limited to,
fish, shellfish, wildlife, other natural
resources, and the public and private
beaches and shorelines of the United
States). Factors to be considered by
the OSC in making this
determination include, but are not
limited to, the size of the discharge,
the character of the discharge, and
the nature of the threat to public
health or welfare of the United States.
Upon obtaining such information, the
OSC shall conduct an evaluation of
the threat posed, based on the OSC's
experience in assessing other
discharges, and consultation with
senior lead agency officials and
readily available authorities on issues
outside the OSC's technical expertise.
(b) If the investigation by the OSC
shows that the discharge poses or
may present a substantial threat to
public health or welfare of the United
States, the OSC shall direct all
federal, state, or private actions to
remove the discharge or to mitigate
or prevent the threat of such a
discharge, as appropriate. In
directing the response in such cases,
the OSC may act without regard to
any other provision of law governing
contracting procedures or
employment of personnel by the
federal government to:
(1) Remove or arrange for the
removal of the discharge;
(2) Mitigate or prevent the
substantial threat of the discharge;
and
(3) Remove and, if necessary,
destroy a vessel discharging, or
threatening to discharge, by whatever
means are available.
(c) In the case of a substantial
threat to public health or welfare of
the United States, the OSC shall:
(1) Assess opportunities for the use
of various special teams and other
assistance described in § 300.145,
including the use of the services of
the NSFCC, as appropriate;
(2) Request immediate activation of
the RRT; and
(3) Take whatever additional
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp31
response actions are deemed
appropriate, including, but not
limited to, implementation of the
ACP as required by section 31 l(j)(4)
of the CWA or relevant tank vessel
or facility response plan required by
section 311 (j)(5) of the CWA. When
requested by the OSC, the lead
agency or RRT shall dispatch
appropriate personnel to the scene of
the discharge to assist the OSC. This
assistance may include technical
support in the agency's areas of
expertise and disseminating
information to the public. The lead
agency shall ensure that a contracting
officer is available on scene, at the
request of the OSC.
§ 300.323 Spills of national
significance
(a) A discharge may be classified
as a spill of national significance
(SONS) by the Administrator of EPA
for discharges occurring in the inland
zone and the Commandant of the
USCG for discharges occurring in
the coastal zone.
(b) For a SONS in the inland zone,
the EPA Administrator may name %
senior Agency official to assist the
OSC in communicating with affected
parties and the public and
coordinating federal, state, local, and
international resources at the national
level. This strategic coordination will
involve, as appropriate, the NRT,
RRT(s), the Govemor(s) of affected
state(s), and the mayor(s) or other
chief executive(s) of local
govemment(s).
(c) For a SONS in the coastal zone,
the USCG Commandant may name a
National Incident Commander (NIC)
who will assume the role of the OSC
in communicating with affected
parties and the public, and
coordinating federal, state, local, and
international resources at the national
level. This strategic coordination will
involve, as appropriate, the NRT,
RRT(s), the Govemor(s) of affect ;d
state(s), and the mayor(s) or other
chief executive(s) of local
govemment(s).
§ 300.324 Response to worst case
discharges.
(a) 11" the investigation by the OSC
shows that a discharge is a worst case
discharge as defined in the ACP, or
there is a substantial threat of such a
discharge, the OSC shall;
(1) Notify the NSFCC;
(2) Require, where applicable,
implementation of the worst case
portion of an approved tank vessel or
facility response plan required by
section 311 (j)(5) of the CWA;
(3) Implement the worst case
portion of the ACP required by
section 31 l(j)(4) of the CWA; and
(4) Take whatever additional
response actions are deemed
appropriate.
(b) Under the direction of the OSC,
the NSFCC shall coordinate use of
private and public personnel and
equipment, including strike teams, to
remove a worst case discharge and
mitigate or prevent a substantial
threat of such a discharge.
§ 300.335 Funding.
(a) The OSLTF is available under
certain circumstances to fund
removal of oil performed under
section 3.11 of the CWA. Those
circumstances and the procedures for
accessing the OSLTF are described
in 33 CFR part 136. The responsible
party is liable for costs of federal
removal and damages in accordance
with section 311 (f) of the CWA,
section 1002 of the OPA, and other
federal laws.
(b) Where the OSC requests
assistance from a federal agency, that
agency may be reimbursed in
accordance with the provisions of 33
CFR part 136. Specific interagency
reimbursement agreements may be
used when necessary to ensure thai
the federal resources will be
available for a timely response to a
discharge of oil.
(c) Procedures for funding the
initiation of natural resource damage
assessment are covered in 33 CFR
part 136.
(d) Response actions other than
removal, such as scientific
investigations not in support of
removal actions or law enforcement,
shall be provided by the agency with
legal responsibility for those specific
actions.
(c) The funding of a response to a
discharge from a federally owned,
operated, or supervised facility or
vessel is the responsibility of the
owning, operating, or supervising
agency if it is a responsible party.
(f) The following agencies have
funds available for certain discharge
removal actions:
(1) DOD has two specific sources
of funds that may be applicable to an
oil discharge under appropriate
circumstances. This does not
consider military resources that might
be made available under specific
conditions.
(1) Funds required for removal of a
sunken vessel or similar obstruction
of navigation are available to the
Corps of Engineers through Civil
Works Appropriations, Operations
and Maintenance, General.
(ii) USN may conduct salvage
operations contingent on defense
operational commitments, when
fiinded by the requesting agency.
Such funding may be requested on a
direct cite basis.
(2) Pursuant to Title I of the OPA,
the state or states affected by a
discharge of oil may act where
necessary to remove such discharge.
Pursuant to 33 CFR part 136 states
may be reimbursed from the OSLTF
for the reasonable costs incurred in
such a removal.
Subpart E-Hazardous
Substance Response
Source: 55 FR 8839, Mar. 8,1990,
unless otherwise noted.
§300.400 General.
(a) This subpart establishes
methods and criteria for determining
the appropriate extent of response
authorized by CERCLA and CWA
section 311(c):
(1) When there is a release of a
hazardous substance into the
environment; or
(2) When there is a release into the
environment of any pollutant or
contaminant that may present an
imminent and substantial danger to
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40 CFR-300 NATIONAL OIL Ar:D HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 32
the public health or welfare of the
United States.
(b) Limitations on response. Unless
the lead agency determines that a
release constitutes a public health ci
environmental emergency and no
other person with the authority and
capability to respond will do so in a
timely manner, a removal or remedial
action under section 104 of CERCLA
shall not be undertaken in response
to a release;
(1) Of a naturally occurring
substance in its unaltered form, or
altered solely through naturally
occurring processes or phenomena,
from a location where it is naturaliy
found;
(2) From products that are part of
the structure of, and result in
exposure within, residential buildings
or business or community structures;
or
(3) Into public or private drinking
water supplies due to deterioration of
the system through ordinary use.
(c) Fund-financed action. In
determining the need for and in
planning or undertaking
Fund-financed action, the lead agency
shall, to the extent practicable:
(1) Engage in prompt response;
(2) Provide for state participation in
response actions, as described in
subpart F of this part;
(3) Conserve Fund monies by
encouraging private party response;
(4) Be sensitive to local community
concerns;
(5) Consider using treatment
technologies;
(6) Involve the Regional Response
Team (RRT) in both removal and
remedial response actions at
appropriate decision-making stages;
(7) Encourage the involvement and
sharing of technology by industry and
other experts; and
(8) Encourage the involvement of
organizations to coordinate
responsible party actions, foster site
response, and provide technical
advice to the public, federal and state
governments, and industry.
(d) Entry and access (1) For
purposes of determining the need for
response, or choosing or taking a
response action, or otherwise
enforcing the provisions of
CERCLA, EPA, or the appropriate
federal agency, and a state or political
subdivision operating pursuant to a
contract or cooperative agreement
under CERCLA section 104(d)(1),
has the authority to enter any vessel,
facility, establishment or other place,
property, or location described in
paragraph (d)(2) of this section and
conduct, complete, operate, and
maintain any response actions
authorized by CERCLA or these
regulations.
(2)(i) Under the authorities
described in paragraph (d)(1) of this
section, EPA, or the appropriate
federal agency, and a state or political
subdivision operating pursuant to a
contract or cooperative agreement
under CERCLA section 104(d)(1),
may enter:
(A) Any vessel, facility,
establishment, or other place or
property where any hazardous
substance or pollutant or contaminant
may be or has been generated, stored,
treated, disposed of, or transported
from;
(B) Any vessel, facility,
establishment, or other place or
property from which, or to which, a
hazardous substance or pollutant or
contaminant has been, or may have
been, released or where such release
is or may be threatened;
(C) Any vessel, facility,
establishment, or other place or
property where entry is necessary to
determine the need for response or
the appropriate response or to
effectuate a response action; or
(D) Any vessel, facility,
establishment, or other place,
property, or location adjacent to those
vessels, facilities, establishments,
places, or properties described in
paragraphs (d)(2)(i)(A), (B), or (C)
of this section.
(ii) Once a determination has been
made that there is a reasonable basis
to believe that there has been or may
be a release, EPA, or the appropriate
federal agency, and a state or political
subdivision operating pursuant to a
contract or cooperative agreement
under CERCLA section 104(d)(1), is
authorized to enter all vessels,
facilities, establishments, places,
properties, or locations specified in
paragraph (d)(2)(i) of this section, at
which the release is believed to be,
and all other vessels, facilities,
establishments, places, properties, or
locations identified in paragraph
(d)(2)(i) of this section that are
related to the response or are
necessary to enter in responding to
that release.
(3) The lead agency may designate
as its representative solely for the
purpose of access, among others, one
or more potentially responsible
parties, including representatives,
employees, agents, and contractors of
such parties. EPA, or the appropriate
federal agency, may exercise the
authority contained in section 104(e)
of CERCLA to obtain access for its
designated representative. A
potentially responsible party may
only be designated as a representative
of the lead agency where that
potentially responsible party has
agreed to conduct response activities
pursuant to an administrative order or
consent decree.
(4)(i) If consent is not granted under
the authorities described in paragraph
(d)( 1) of this section, or if consent is
conditioned in any manner, EPA, or
the appropriate federal agency, may
issue an order pursuant to section
104(e)(5) of CERCLA directing
compliance with the request for
access made under § 300.400(d)(1).
EPA or the appropriate federal
agency may ask the Attorney General
to commence a civil action to compel
compliance with either a request for
access or an order directing
compliance.
(ii) EPA reserves the right to
proceed, where appropriate, under
applicable authority other than
CERCLA section 104(e).
(iii) The administrative order may
direct compliance with a request to
enter or inspect any vessel, facility,
establishment, place, property, or
location described in paragraph
(d)(2) of this section.
(iv) Each order shall contain:
(A) A determination by EPA, or the
appropriate federal agency, that it is
reasonable to believe that there may
be or has been a release or threat of a
release of a hazardous substance or
pollutant or contaminant and a
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 33
statement of the facts upon which the
determination is based;
(B) A description, in light of
CERCLA response authorities, of the
purpose and estimated scope and
duration of the entry, including a
description of the specific anticipated
activities to be conducted pursuant to
the order;
(C) A provision advising the person
who failed to consent that an officer
or employee of the agency that issued
the order will be available to confer
with respondent prior to effective
date of the order, and
(D) A provision advising the person
who failed to consent that a court
may impose a penalty of up to
$25,000 per day for unreasonable
failure to comply with the order.
(v) Orders shall be served upon the
person or responsible party who
failed to consent prior to their
effective date. Force shall not be ussd
to compel compliance with an order.
(vi) Orders may not be issued for
any criminal investigations.
(e) Permit requirements. (1) No
federal, state, or local permits are
required for on-site response actions
conducted pursuant to CERCLA
sections 104,106,120,121, or 122,
The term on-site means the areal
extent of contamination and all
suitable areas in very close proximity
to the contamination necessary for
implementation of the response
action.
(2) Permits, if required, shall be
obtained for all response activities
conducted off-site.
(f) Health assessments. Health
assessments shall be performed by
ATSDR at facilities on or proposed
to be listed on the NPL and may be
performed at other releases or
facilities in response to petitions
made to ATSDR. Where available,
these health assessments may be used
by the lead agency to assist in
determining whether response
actions should be taken and/or to
identify the need for additional
studies to assist in the assessment of
potential human health effects
associated with releases or potential
releases of hazardous substances.
(g) Identification of applicable or
relevant and appropriate
requirements. (1) The lead and
support agencies shall identify
requirements applicable to the
release or remedial action
contemplated based upon an
objective determination of whether
the requirement specifically
addresses a hazardous substance,
pollutant, contaminant, remedial
action, location, or other
circumstance found at a CERCLA
site.
(2) If, based upon paragraph (g)(1)
of this section, it is determined that a
requirement is not applicable to a
specific release, the requirement may
still be relevant and appropriate to
the circumstances of the release. In
evaluating relevance and
appropriateness, the factors in
paragraphs (g)(2)(i) through (viii) of
this section shall be examined, where
pertinent, to determine whether a
requirement addresses problems or
situations sufficiently similar to the
circumstances of the release or
remedial action contemplated, and
whether the requirement is
well-suited to the site, and therefore
is both relevant and appropriate. The
pertinence of each of the following
factors will depend, in part, on
whether a requirement addresses a
chemical, location, or action. The
following comparisons shall be
made, where pertinent, to determine
relevance and appropriateness:
(i) The purpose of the requirement
and the purpose of the CERCLA
action;
(ii) The medium regulated or
affected by the requirement and the
medium contaminated or affected at
the CERCLA site;
(iii) The substances regulated by the
requirement and the substances found
at the CERCLA site,
(iv) The actions or activities
regulated by the requirement and the
remedial action contemplated at the
CERCLA site;
(v) Any variances, waivers, or
exemptions of the requirement and
their availability for the
circumstances at the CERCLA site;
(vi) The type of place regulated and
the type of place affected by the
release or CERCLA action;
(vii) The type and size of structure
or facility regulated and the type and
size of structure or facility affected by
the release or contemplated by the
CERCLA action;
(viii) Any consideration of use or
potential use of affected resources in
the requirement and the use or
potential use of the affected resource
at the CERCLA site.
(3) In addition to applicable or
relevant and appropriate
requirements, the lead and support
agencies may, as appropriate, identify
other advisories, criteria, or guidance
to be considered for a particular
release. The "to be considered"
(TBC) category consists of
advisories, criteria, or guidance that
were developed by EPA, other
federal agencies, or states that may be
useful in developing CERCLA
remedies.
(4) Only those state standards that
are promulgated, are identified by the
state in a timely manner, and are
more stringent than federal
requirements may be applicable or
relevant and appropriate. For -
purposes of identification and
notification of promulgated state
standards, the term promulgated
means that the standards are of
general applicability and are legally
enforceable.
(5) The lead agency and support
agency shall identify their specific
requirements that are applicable or
relevant and appropriate for a
particular site. These agencies shall
notify each other, in a timely manner
as described in § 300.515(d), of the
requirements they have determined to
be applicable or relevant and
appropriate. When identifying a
requirement as an ARAR, the lead
agency and support agency shall
include a citation to the statute or
regulation from which the
requirement is derived.
(6) Notification of ARARs shall be
according to procedures and
timefb:-nes specified in § 300.515
(d)(2) (h)(2).
(h) Oversight. The lead agency may
provide oversight for actions taken by
potentially responsible parties to
ensure that a response is conducted
consistent with this part. The lead
agency may also monitor the actions
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp34
of third parties preauthorized under
subpart H of this part. EPA will
provide oversight when the response
is pursuant to an EPA order or
federal consent decree.
(1) Other. (I) This subpart does not
establish any preconditions to
enforcement action by either the
federal or state governments to
compel response actions by
potentially responsible parties.
(2) While much of this subpart is
oriented toward federally funded
response actions, this subpart may be
used as guidance concerning methods
and criteria for response actions by
other parties under other funding
mechanisms. Except as provided in
subpart H of this part, nothing in this
part is intended to limit the rights of
any person to seek recovery of
response costs from responsible
parties pursuant to CERCLA section
107,
(3) Activities by the federal and
state governments in implementing
this subpart are discretionary
governmental functions. This subpart
does not create in any private party a
right to federal response or
enforcement action. This subpart
does not create any duty of the federal
government to take any response
action at any particular time.
§ 300.405 Discovery or
notification.
(~) A release may be discovered
through:
(1) A report submitted in
accordance with section 103(a) of
CERCLA, i.e., reportable quantities
codified at 40 CFR part 302;
(2) A report submitted to EPA in
accordance with section 103(c) of
CERCLA;
(3) Investigation by government
authorities conducted in accordance
with section 104(e) of CERCLA or
other statutory authority;
(4) Notification of a release by a
federal or state permit holder when
required by its permit;
(5) Inventory or survey efforts or
random or incidental observation
reported by government agencies or
the public;
(~) Submission of a citizen petition
to EPA or the appropriate federal
facility requesting a preliminary
assessment, in accordance with
section 105(d) of CERCLA;
(7) A report submitted in
accordance with section 311 (b)(5) of
the CWA; and
(8) Other sources.
(b) Any person in charge of a vessel
or a facility shall report releases as
described in paragraph (a)( 1) of this
section to the National Response
Center (NRC). If direct reporting to
the NRC is not practicable, reports
may be made to the United States
Coast Guard (USCG) on-scene
coordinator (OSC) for the geographic
area where the release occurs. The
EPA predesignated OSC may also be
contacted through the regional
24-hour emergency response
telephone number. All such reports
shall be promptly relayed to the
NRC. If it is not possible to notify the
NRC or predesignated OSC
immediately, reports may be made
immediately to the nearest USCG
unit. In any event, such person in
charge of the vessel or facility shall
notify the NRC as soon as possible.
(c) All other reports of releases
described under paragraph (a) of this
section, except releases reported
under paragraphs (a) (2) and (6) of
this section, shall, as appropriate, be
made to the NRC.
(d) The NRC will generally need
information that will help to
characterize the release. This will
include, but not be limited to:
Location of the release; type(s) of
material(s) released; an estimate of
the quantity of material released;
possible source of the release; and
date and time of the release.
Reporting under paragraphs (b) and
(c) of this section shall not be delayed
due to incomplete notification
information.
(c) Upon receipt of a notification of
a release, the NRC shall promptly
notify the appropriate OSC. The
OSC shall notify the Governor, or
designee, of the state affected by the
release.
(f)( 1) When the OSC is notified of a
release that may require response
pursuant to § 300.415(b), a removal
site evaluation shall, as appropriate,
be promptly undertaken pursuant to §
300,410.
(2) When notification indicates that
removal action pursuant to §
300.415(b) is not required, a
remedial site evaluation shall, if
appropriate, be undertaken by the
lead agency pursuant to § 300.420, if
one has not already been performed.
(3) If radioactive substances are
present in a release, the EPA
Radiological Response Coordinator
should be notified for evaluation and
assistance either directly or via the
NRC, consistent with §§ 300.130(e)
and 300.145(f).
(g) Release notification made to the
NRC under this section does not
relieve the owner/operator of a
facility from any obligations to which
it is subject under SARA Title III or
state law. In particular, it does not
relieve the owner/operator from the
requirements of section 304 of
SARA Title III and 40 CFR part 355
and § 300.215(f) of this part for
notifying the community emergency
coordinator for the appropriate local
emergency planning committee of all
affected areas and the state
emergency response commission of
any state affected that there has been
a release. Federal agencies are not
legally obligated to comply with the
requirements of Title III of SARA.
§300.410 Removal site
evaluation.
(a) A removal site evaluation
includes a removal preliminary
assessment and, if warranted, a
removal site inspection.
(b) A removal site evaluation of a
release identified for possible
CERCLA response pursuant to §
300,415 shall, as appropriate, be
undertaken by the lead agency as
promptly as possible. The lead
agency may perform a removal
preliminary assessment in response
to petitions submitted by a person
who is, or may be, affected by a
release of a hazardous substance,
pollutant, or contaminant pursuant to
§ 300.420(b)(5).
(c)(1) The lead agency shall, as
appropriate, base the removal
preliminary assessment on readily
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 35
available information. A removal
preliminary assessment may include,
but is not limited to:
(1) Identification of the source and
nature of the release or threat of
release;
(ii) Evaluation by ATSDR or by
other sources, for example, state
public health agencies, of the threat
to public health;
(iii) Evaluation of the magnitude of
the threat;
(iv) Evaluation of factors necessary
to make the determination of whether
a removal is necessary; and
(v) Determination of whether a
nonfederal party is undertaking
proper response,
(2) A removal preliminary
assessment of releases from
hazardous waste management
facilities may include collection or
review of data such as site
management practices, information
from generators, photographs,
analysis of historical photographs,
literature searches, and personal
interviews conducted, as appropriate.
(d) A removal site inspection may
be performed if more information is
needed. Such inspection may include
a perimeter (i.e., off-site) or on-site
inspection, taking into consideration
whether such inspection can be
performed safely.
(e)(1) As part of the evaluation
under this section, the OSC shall
determine whether a release
governed by CWA section 311(c)(1),
as amended by OP A section 4201(a),
has occurred.
(2) If such a release of a CWA
hazardous substance has occurred,
the OSC shall determine whether the
release results in a substantial threat
to the public health or welfare of the
United States. Factors to be
considered by the OSC in making
this determination include, but arc
not limited to, the size of the release,
the character of the release, and the
nature of the threat to public health or
welfare of the United States. Upon
obtaining relevant elements of such
information, the OSC shall conduct
an evaluation of the threat posed,
based on the OSC's experience in
assessing other releases, and
consultation with senior lead agency
officials and readily available
authorities on issues outside the
OSC's technical expertise.
(0 A removal site evaluation shall
be terminated when the OSC or lead
agency determines:
(1) There is no release;
(2) The source is neither a vessel
nor a facility as defined in § 300.5 of
the NCP;
(3) The release involves neither a
hazardous substance, nor a pollutant
or contaminant that may present an
imminent and substantial danger to
public health or welfare of the United
States;
(4) The release consists of a
situation specified in § 300.400(b)
(1) through (3) subject to limitations
on response;
(5) The amount, quantity, or
concentration released does not
warrant federal response;
(6) A party responsible for the
release, or any other person, is
providing appropriate response, and
on-scene monitoring by the
government is not required; or
(7) The removal site evaluation is
completed.
(g) The results of the removal site
evaluation shall be documented.
(h) The OSC or lead agency shall
ensure that natural resource trustees
are promptly notified in order that
they may initiate appropriate actions,
including those identified in Subpart
G of this part. The OSC or lead
agency shall coordinate all response
activities with such affected trustees.
(i) If the removal site evaluation
indicates that removal action under §
300.415 is not required, but that
remedial action under § 300.430 may
be necessary, the lead agency shall,
as appropriate, initiate a remedial site
evaluation pursuant to § 300.420.
§ 300.415 Removal action.
(a)(1) In determining the
appropriate extent of action to be
taken in response to a given release,
the lead agency shall first review the
removal site evaluation, any
information produced through a
remedial site evaluation, if any has
been done previously, and the current
site conditions, to determine if
removal action is appropriate.
(2) Where the responsible parties
are known, an effort initially shall be
made, to the extent practicable, to
determine whether they can and will
perform the necessary removal action
promptly and properly.
(3) This section does not apply to
removal actions taken pursuant to
section 104(b) of CERCLA. The
criteria for such actions are set forth
in section 104(b) of CERCLA.
(b)( 1) At any release, regardless of
whether the site is included on the
National Priorities List (NPL), where
the lead agency makes the
determination, based on the factors in
paragraph (b)(2) of this section, that
there is a threat to public health or
welfare of the United States or the
environment, the lead agency may
take any appropriate removal action
to abate, prevent, minimize, stabilize,
mitigate, or eliminate the release or
the threat of release.
(2) The following factors shall be
considered in determining the
appropriateness of a removal action
pursuant to this section:
(i) Actual or potential exposure to
nearby human populations, animals,
or the food chain from hazardous
substances or pollutants or
contaminants;
(ii) Actual or potential
contamination of drinking water
supplies or-sensitive ecosystems;
(iii) Hazardous substances or
pollutants or contaminants in drums,
barrels, tanks, or other bulk storage
containers, that may pose a threat of
release;
(iv) High levels of hazardous
substances or pollutants or
contaminants in soils largely at or
near the surface, that may migrate;
(v) Weather conditions that may
cause hazardous substances or
pollutants or contaminants to migrate
or be released;
(vi) Threat of fire or explosion;
(vii) The availability of other
appropriate federal or state response
mechanisms to respond to the
release; and
(viii) Other situations or factors
that may pose threats to public health
or welfare of the United States or the
environment.
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 36
(3) If the lead agency determines
that a removal action is appropriate,
actions shall, as appropriate, begin as
soon as possible to abate, prevent,
minimize, stabilize, mitigate, or
eliminate the threat to public health
or welfare of the United States or the
environment. The lead agency shall,
at the earliest possible time, also
make any necessary determinations
pursuant to paragraph (b)(4) of this
section.
(4) Whenever a planning period of
at least six months exists before
on-site activities must be initiated
and the lead agency determines,
based on a site evaluation, that a
removal action is appropriate:
(i) The lead agency shall conduct
an engineering evaluation/cost
analysis (EE/CA) or its equivalent.
The EE/CA is an analysis of removal
alternatives for a site.
(ii) If environmental samples arc to
be collected, the lead agency shall
develop sampling and analysis plans
that shall provide a process for
obtaining data of sufficient quality
and quantity to satisfy data needs.
Sampling and analysis plans shall be
reviewed and approved by EPA. The
sampling and analysis plans shall
consist of two parts:
(A) The field sampling plan, which
describes the number, type, and
location of samples and the type of
analyses; and
(B) The quality assurance project
plan, which describes policy,
organization, and functional activities
and the data quality objectives and
measures necessary to achieve
adequate data for use in planning and
documenting the removal action.
(5) CERCLA fund-financed
removal actions, other than those
authorized under section 104(b) of
CERCLA, shall be terminated after
$2 million has been obligated for the
action or 12 months have elapsed
from the date that removal activities
begin on-site, unless the lead agency
determines that:
(i) There is an immediate risk to
public health or welfare of the United
States or the environment; continued
response actions are immediately
required to prevent, limit, or mitigate
an emergency; and such assistance
will not otherwise be provided on a
timely basis; or
(ii) Continued response action is
otherwise appropriate and consistent
with the remedial action to be taken.
(c)(1) In carrying out a response to
a release of a CWA hazardous
substance, as described in CWA
section 311 (c)(1), as amended by
OPA section 4201 (a), the OSC may:
(1) Remove or arrange for the
removal of a release, and mitigate or
prevent a substantial threat of a
release, at any time;
(ii) Direct or monitor all federal,
state, and private actions to remove a
release; and
(iii) Remove and, if necessary,
destroy a vessel releasing or
threatening to release CWA
hazardous substances, by whatever
means are available.
(2) If the investigation by the OSC
under § 300.410 shows that the
release of a CWA hazardous
substance results in a substantial
threat to public health or welfare of
the United States, the OSC shall
direct all federal, state, or private
actions to remove the release or to
mitigate or prevent the threat of such
a release, as appropriate. In directing
the response, the OSC may act
without regard to any other provision
of law governing contracting
procedures or employment of
personnel by the federal government
to:
(i) Remove or arrange for the
removal of the release;
(ii) Mitigate or prevent the
substantial threat of the release; and
(iii) Remove and, if necessary,
destroy a vessel releasing, or
threatening to release, by whatever
means are available.
(3) In the case of a release of a
CWA hazardous substance posing a
substantial threat to public health or
welfare of the United States, the OSC
shall:
(i) Assess opportunities for the use
of various special teams and other
assistance described in § 300.145, as
appropriate;
(ii) Request immediate activation of
the RRT, and
(iii) Take whatever additional
response actions are deemed
appropriate. When requested by the
OSC, the lead agency or RRT shall
dispatch appropriate personnel to the
scene of the release to assist the
OSC. This assistance may include
technical support in the agency's
areas of expertise and disseminating
information to the public in -
accordance with § 300.155. The lead
agency shall ensure that a contracting
officer is available on-scene, at the
request of the OSC.
(d) Removal actions shall, to the
extent practicable, contribute to the
efficient performance of any
anticipated long-term remedial action
with respect to the release concerned.
(e) The following removal actions
are, as a general rule, appropriate in
the types of situations shown;
however, this list is not exhaustive
and is not intended to prevent the
lead agency from taking any other
actions deemed necessary under
CERCLA, CWA section 311, or
other appropriate federal or state
enforcement or response authorities,
and the list does not create a duty on
the lead agency to take action at any
particular time:
(1) Fences, warning signs, or other
security or site control
precautions-where humans or
animals have access to the release;
(2) Drainage controls, for example,
run-oil'or run-on diversion-where
needed to reduce migration of
hazardous substances or pollutants or
contaminants off-site or to prevent
precipitation or run-off from other
sources, for example, flooding, from
entering the release area from other
areas;
(3) Stabilization of berms, dikes, or
impoundments or drainage or closing
of lagoons-where needed to maintain
the integrity of the structures;
(4) Capping of contaminated soils
or sludges-where needed to reduce
migration of hazardous substances or
pollutants or contaminants into soil,
ground or surface water, or air;
(5) Using chemicals and other
materials to retard the spread of the
release or to mitigate its
elTccts-where the use of such
chemicals will reduce the spread of
the release;
(6) Excavation, consolidation, or
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 37
removal of highly contaminated soils
from drainage or other areas-where
such actions will reduce the spread
of, or direct contact with, the
contamination;
(7) Removal of drums, barrels,
tanks, or other bulk containers that
contain or may contain hazardous
substances or pollutants or
contaminants-where it will reduce the
likelihood of spillage; leakage;
exposure to humans, animals, or food
chain; or fire or explosion;
(8) Containment, treatment,
disposal, or incineration of hazardous
materials-where needed to reduce the
likelihood of human, animal, or food
chain exposure; or
(9) Provision of alternative water
supply-where necessary immediately
to reduce exposure to contaminated
household water and continuing until
such time as local authorities can
satisfy the need for a permanent
remedy,
(f) Where necessary to protect
public health or welfare, the lead
agency shall request that FEMA
conduct a temporary relocation or
that state/local officials conduct an
evacuation.
(g) If the lead agency determines
that the removal action will not fully
address the threat posed by the
release and the release may require
remedial action, the lead agency shall
ensure an orderly transition from
removal to remedial response
activities.
(h) CERCLA removal actions
conducted by states under
cooperative agreements, described m
subpart F of this part, shall comply
with all requirements of this section.
(i) Facilities operated by a state o:
political subdivision at the time of
disposal require a state cost share of
at least 50 percent of Fund-financed
response costs if a Fund-financed
remedial action is conducted.
(j) Fund-financed removal actions
under CERCLA section 104 and
removal actions pursuant to
CERCLA section 106 shall, to the
extent practicable considering the
exigencies of the situation, attain
applicable or relevant and
appropriate requirements (ARARs)
under federal environmental or state-
environmental or facility siting laws.
Waivers described in §
300 430(f)(l)(ii)(C) may be used for
removal actions. Other federal and
state advisories, criteria, or guidance
may, as appropriate, be considered in
formulating the removal action (see §
300.400(g)(3)). In determining
whether compliance with ARARs is
practicable, the lead agency may
consider appropriate factors,
including:
(1) The urgency of the situation;
and
(2) The scope of the removal action
to be conducted.
(k) Removal actions pursuant to
section 106 or 122 of CERCLA are
not subject to the following
requirements of this section:
(1) Section 300.415(a)(2)
requirement to locate responsible
parties and have them undertake the
response;
(2) Section 300.415(b)(2)(vii)
requirement to consider the
availability of other appropriate
federal or state response and
enforcement mechanisms to respond
to the release;
(3) Section 300.415(b)(5)
requirement to terminate response
after $2 million has been obligated or
12 months have elapsed from the
date of the initial response; and
(4) Section 300.415(g) requirement
to assure an orderly transition from
removal to remedial action.
(1) To the extent practicable,
provision for post-removal site
control following a CERCLA
Fund-financed removal action at both
NPL and non-NI'L sites is
encouraged to be made prior to the
initiation of the removal action. Such
post-removal site control includes
actions necessary to ensure the
effectiveness and integrity of the
removal action after the completion
of the on-site removal action or after
the $2 million or 12-month statutory
limits are reached for sites that do not
meet the exemption criteria in
paragraph (b)(5) of this section.
Post-removal site control may be
conducted by:
(1) The affected state or political
subdivision thereof or local units of
government for any removal;
(2) Potentially responsible parties;
or
(3) EPA's remedial program for
some federal-lead Fund-financed
responses at NPL sites.
(m) OSCs/RPMs conducting
removal actions shall submit OSC
reports to the RRT as required-by §
300.165.
(n) Community relations in removal
actions. (1) In the case of all
CERCLA removal actions taken
pursuant to § 300.415 or CERCLA
enforcement actions to compel
removal response, a spokesperson
shall be designated by the lead
agency. The spokesperson shall
inform the community of actions
taken, respond to inquiries, and
provide information concerning the
release All news releases or
statements made by participating
agencies shall be coordinated with
the OSC/RPM. The spokesperson
shall notify, at a minimum,
immediately affected citizens, state
and local officials, and, when
appropriate, civil defense or -
emergency management agencies.
(2) For CERCLA actions where,
based on the site evaluation, the lead
agency determines that a removal is
appropriate, and that less than six
months exists before on-site removal
activity must begin, the lead agency
shall:
(i) Publish a notice of availability of
the administrative record file
established pursuant to § 300.820 in
a major local newspaper of general
circulation within 60 days of
initiation of on-site removal activity;
(ii) Provide a public comment
period, as appropriate, of not less
than 30 days from the time the
administrative record file is made
available for public inspection,
pursuant to § 300.820(b)(2); and
(iii) Prepare a written response to
significant comments pursuant to §
300.820(b)(3).
(3) For CERCLA removal actions
where on-site action is expected to
extend beyond 120 days from the
initiation of on-site removal
activities, the lead agency shall by the
end of the 120-day period:
(i) Conduct interviews with local
officials, community residents, public
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 38
interest groups, or other interested or
affected parties, as appropriate, to
solicit their concerns, information
needs, and how or when citizens
would like to be involved in the
Superfund process;
(ii) Prepare a formal community
relations plan (CRP) based on the
community interviews and other
relevant information, specifying the
community relations activities that
the lead agency expects to undertake
during the response; and
(iii) Establish at least one local
information repository at or near the
location of the response action. The
information repository should contain
items made available for public
information.Further, an
administrative record file established
pursuant to subpart 1 for all removal
actions shall be available for public
inspection in at least one of the
repositories. The lead agency shall
inform the public of the
establishment of the information
repository and provide notice of
availability of the administrative
record file for public review. All
items in the repository shall be
available for public inspection and
copying.
(4) Where, based on the site
evaluation, the lead agency
determines that a CERCLA removal
action is appropriate and that a
planning period of at least six months
exists prior to initiation of the on-site
removal activities, the lead agency
shall at a minimum:
(i) Comply with the requirements
set forth in paragraphs (n)(3) (i), (ii),
and (iii) of this section, prior to the
completion of the EE/CA, or its
equivalent, except that the
information repository and the
administrative record file will be
established no later than when the
EE/CA approval memorandum is
signed;
(ii) Publish a notice of availability
and brief description of the EE/CA in
a major local newspaper of general
circulation pursuant to § 300.820;
(iii) Provide a reasonable
opportunity, not less than 30 calendar
days, for submission of written and
oral comments after completion of
the EE/CA pursuant to § 300.820(a).
Upon timely request, the lead agency
will extend the public comment
period by a minimum of 15 days; and
(iv) Prepare a written response to
significant comments pursuant to §
300.820(a).
§ 300.420 Remedial site
evaluation.
(a) General. The purpose of this
section is to describe the methods,
procedures, and criteria the lead
agency shall use to collect data, as
required, and evaluate releases of
hazardous substances, pollutants, or
contaminants. The evaluation may
consist of two steps: a remedial
preliminary assessment (PA) and a
remedial site inspection (SI).
(b) Remedial preliminary
assessment. (1) The lead agency shall
perform a remedial PA on all sites in
CERCLIS as defined in § 300.5 to:
(1) Eliminate from further
consideration those sites that pose no
threat to public health or the
environment;
(ii) Determine if there is any
potential need for removal action;
(iii) Set priorities for site
inspections; and
(iv) Gather existing data to facilitate
later evaluation of the release
pursuant to the Hazard Ranking
System (HRS) if wairanted.
(2) A remedial PA shall consist of a
review of existing information about
a release such as information on the
pathways of exposure, exposure
targets, and source and nature of
release. A remedial PA shall also
include an oil-site reconnaissance as
appropriate. A remedial PA may
include an on-site reconnaissance
where appropriate.
(3) If the remedial PA indicates that
a removal action may be warranted,
the lead agency shall initiate removal
evaluation pursuant to § 300.410.
(4) In performing a remedial PA,
the lead agency may complete the
EPA Preliminary Assessment form,
available from EPA regional offices,
or its equivalent, and shall prepare a
PA report, which shall include:
(i) A description of the release;
(ii) A description of the probable
nature of the release; and
(iii) A recommendation on whether
further action is warranted, which
lead agency should conduct further
action, and whether an SI or removal
action or both should be undertaken.
(5) Any person may petition the
lead federal agency (EPA or the
appropriate federal agency in-the case
of a release or suspected release from
a federal facility), to perform a PA of
a release when such person is, or may
be, affected by a release of a
hazardous substance, pollutant, or
contaminant. Such petitions shall be
addressed to the EPA Regional
Administrator for the region in which
the release is located, except that
petitions for PAs involving federal
facilities should be addressed to the
head of the appropriate federal
agency.
(i) Petitions shall be signed by the
petitioner and shall contain the
following:
(A) The full name, address, and
phone number of petitioner;
(B) A description, as precisely as
possible, of the location of the
release; and
(C) How the petitioner is or may be
affected by the release.
(ii) Petitions should also contain the
following information to the extent
available:
(A) What type of substances were
or may be released;
(B) The nature of activities that
have occurred where the release is
located; and
(C) Whether local and state
authorities have been contacted about
the release.
(iii) The lead federal agency shall
complete a remedial or removal PA
within one year of the date of receipt
of a complete petition pursuant to
paragraph (b)(5) of this section, if
one has not been performed
previously, unless the lead federal
agency determines that a PA is not
appropriate. Where such a
determination is made, the lead
federal agency shall notify the
petitioner and will provide a reason
for the determination.
(iv) When determining if
performance of a PA is appropriate,
the lead federal agency shall take into
consideration:
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40 CFR 300 NATIONAL OIL AMP HAZARDOUS SUBSTANCES • OLLUTION CONTINGENCY PLAN pp 39
(A) Whether there is information
indicating that a release has occurred
or there is a threat of a release of a
hazardous substance, pollutant, or
contaminant; and
(B) Whether the release is eligible
for response under CERCLA.
(c) Remedial site inspection. (1)
The lead agency shall perform a
remedial SI as appropriate to:
(1) Eliminate from further
consideration those releases that pose
no significant threat to public health
or the environment;
(ii) Determine the potential need for
removal action;
(iii) Collect or develop additional
data, as appropriate, to evaluate the
release pursuant to the HRS; and
(iv) Collect data in addition to that
required to score the release pursuant
to the HRS, as appropriate, to better
characterize the release for more
effective and rapid initiation of the
RI/FS or response under other
authorities.
(2) The remedial SI shall build upon
the information collected in the
remedial PA. The remedial SI shall
involve, as appropriate, both on- and
off-site field investigatory efforts, and
sampling.
(3) If the remedial SI indicates that
removal action may be appropriate,
the lead agency shall initiate removal
site evaluation pursuant to §
300.410.
(4) Prior to conducting field
sampling as part of site inspections,
the lead agency shall develop
sampling and analysis plans that shall
provide a process for obtaining dsta
of sufficient quality and quantity to
satisfy data needs. The sampling and
analysis plans shall consist of two
parts:
(i) The field sampling plan, which
describes the number, type, and
location of samples, and the type of
analyses, and
(if' The quality assurance project
plan: QAPP), which describes
policy, organization, and functional
activities, and the data quality
objectives and measures necessary lo
achieve adequate data for use in site
evaluation and hazard ranking system
activities.
(5) Upon completion of a remedial
SI, the lead agency shall prepare a
report that includes the following:
(i) A desc :.ion/histoiy/nature of
waste handi.. g;
(ii) A description of known
contaminants;
(iii) A description of pathways of
migration of contaminants,
(iv) An identification and
description of human and
environmental targets; and
(v) A recommendation on whether
further action is warranted.
§ 300.425 Establishing remedial
priorities.
(a) General. The purpose of this
section is to identify the criteria as
well as the methods and procedures
EPA uses to establish its priorities
for remedial actions.
(b) National Priorities List. The
NPL is the list of priority releases for
long-term remedial evaluation and
response,
(1) Only tho.se releases included on
the NPL shall be considered eligible
for Fund-linanced remedial action.
Removal actions (including remedial
planning activities, RI/FSs, and other
actions taken pursuant to CERCLA
section 104(b)) are not limited to
NPL sites.
(2) Inclusion of a release on the
NPL does not imply that monies will
be expended, nor does the rank of a
release on the NPL establish the
precise priorities for the allocation of
Fund resources. EPA may also
pursue other appropriate authorities
to remedy the release, including
enforcement actions under CERCLA
and other laws. A site's rank on the
NPL serves, along with other factors,
including enforcement actions, as a
basis to guide the allocation of Fund
resources among releases.
(3) Federal facilities that meet the
criteria identified in paragraph (c) of
this section are eligible for inclusion
on the NPL. Lxcept as provided by
CERCLA sections 1 ] 1(e)(3) and
111(c), federal facilities are not
eligible for Fund-financed remedial
actions.
(4) Inclusion on the NPL is not a
precondition to action by the lead
agency under CERCLA sections 106
or 122 or to action under CERCLA
section 107 for recovery of
non-Fund-fmanced costs or
Fund-financed costs other than
Fund-linanced remedial construction
costs.
(c) Methods for determining
eligibility for NPL. A release may be
included on the NPL if the release
meets one of the following criteria:
(1) The release scores sufficiently
high pursuant to the Hazard Ranking
System described in Appendix A to
this part.
(2) A state (not including Indian
tribes) has designated a release as its
highest priority. States may make
only one such designation; or
(3) The release satisfies all of the
following criteria:
(i) The Agency for Toxic
Substances and Disease Registry has
issued a health advisory that
recommends dissociation of
individuals from the release;
(ii) EPA determines that the release
poses a significant threat to public
health; and
(iii) EPA anticipates that it will be
more cost-effective to use its
remedial authority than to use
removal authority to respond to the
release.
(d) Procedures for placing sites on
the NPL. Lead agencies may submit
candidates to EPA by scoring the
release using the HRS and providing
the appropriate backup
documentation.
(1) Lead agencies may submit HRS
scoring packages to EPA anytime
throughout the year.
(2) EPA shall review lead agencies'
HRS scoring packages and revise
them as appropriate. EPA shall
develop any additional HRS scoring
packages on releases known to EPA.
(3) EPA shall compile the NPL
based on the methods identified in
paragraph (c) of this section.
(4) EPA shall update the NPL at
least once a year.
(5) To ensure public involvement
during the proposal to add a release
to the NPL, EPA shall:
(i) Publish the proposed rule in the
Federal Register and solicit
comments through a public comment
period; and
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 40
(ii) Publish the final rule in the
Federal Register, and make available
a response to each significant
comment and any significant new-
data submitted during the comment
period.
(6) Releases may be categorized or.
the NPL when deemed appropriate
by EPA.
(e) Deletion from the NPL. Releases
may be deleted from or recategorized
on the NPL where no further
response is appropriate.
(1) EPA shall consult with the state
on proposed deletions from the NPL
prior to developing the notice of
intent to delete. In making a
deteraiination to delete a release from
the NPL, EPA shall consider, in
consultation with the state, whether
any of the following criteria has been
met:
(1) Responsible parties or other
persons have implemented all
appropriate response actions
required;
(ii) All appropriate Fund-financed
response under CERCLA has been
implemented, and no further
response action by responsible
parties is appropriate; or
(iii) The remedial investigation has
shown that the release poses no
significant threat to public health or
the environment and, therefore,
taking of remedial measures is not
appropriate.
(2) Releases shall not be deleted
from the NPL until the state in which
the release was located has concurred
on the proposed deletion. EPA shall
provide the state 30 working days for
review of the deletion notice prior to
its publication in the Federal
Register.
(3) All releases deleted from the
NPL are eligible for further
Fund-financed remedial actions
should future conditions warrant such
action. Whenever there is a
significant release from a site deleted
from the NPL, the site shall be
restored to the NPL without
application of the HRS.
(4) To ensure public involvement
during the proposal to delete a
release from the NPL, EPA shall:
(i) Publish a notice of intern to
delete in the Federal Register and
solicit comment through a public
comment period of a minimum of 30
calendar days;
(ii) In a major local newspaper of
general circulation at or near the
release that is proposed for deletion,
publish a notice of availability of the
notice of intent to delete;
(iii) Place copies of information
supporting the proposed deletion in
the information repository , described
in § 300.430(c)(2){iii), at or near the
release proposed for deletion. These
items shall be available for public
inspection and copying; and
(iv) Respond to each significant
comment and any significant new
data submitted during the comment
period and include this response
document in the final deletion
package.
(5) EPA shall place the final
deletion package in the local
information repository once the
notice of final deletion has been
published in the Federal Register.
§300.430 Remedial
investigation/feasibility study and
selection of remedy.
(a) General-( 1) Introduction. The
purpose of the remedy selection
process is to implement remedies that
eliminate, reduce, or control risks to
human health and the environment.
Remedial actions are to be'
implemented as soon as site data and
information make it possible to do so.
Accordingly, EPA has established the
following program goal,
expectations, and program
management principles to assist in
the identification and implementation
of appropriate remedial actions.
(i) Program goal. The national goal
of the remedy selection process is to
select remedies that are protective of
human health and the environment,
that maintain protection over time,
and that minimize untreated waste.
(ii) Program management
principles. EPA generally shall
consider the following general
principles of program management
during the remedial process:
(A) Sites should generally be
remediated in operable units when
eariv actions arc necessaiy or
appropriate to achieve significant risk
reduction quickly, when phased
analysis and response is necessaiy or
appropriate given the size or
complexity of the site, or to expedite
the completion of total site cleanup.
(B) Operable units, including
interim action operable units, should
not be inconsistent with nor preclude
implementation of the expected final
remedy.
(C) Site-specific data needs, the
evaluation of alternatives, and the
documentation of the selected remedy
should reflect the scope and
complexity of the site problems being
addressed.
(iii) Expectations. EPA generally
shall consider the following
expectations in developing
appropriate remedial alternatives:
(A) EPA expects to use treatment to
address the principal threats posed by
a site, wherever practicable.
Principal threats for which treatment
is most likely to be appropriate
include liquids, areas contaminated
with high concentrations of toxic
compounds, and highly mobile
materials.
(B) EPA expects to use engineering
controls, such as containment, for
waste that poses a relatively low
long-term threat or where treatment
is impracticable.
(C) EPA expects to use a
combination of methods, as
appropriate, to achieve protection of
human health and the environment. In
appropriate site situations, treatment
of the principal threats posed by a
site, with priority placed on treating
waste that is liquid, highly toxic or
highly mobile, will be combined with
engineering controls (such as
containment) and institutional
controls, as appropriate, for treatment
residuals and untreated waste.
(D) EPA expects to use institutional
controls such as water use and deed
restrictions to supplement
engineering controls as appropriate
for short- and long-term management
to prevent or limit exposure to
hazardous substances, pollutants, or
contaminants. Institutional controls
may be used during the conduct of
the remedial investigation/feasibility
study (RI/FS) and implementation of
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 41
the remedial action and, where
necessary, as a component of the
completed remedy. The use of
institutional controls shall not
substitute for active response
measures (e.g., treatment and/or
containment of source material,
restoration of ground waters to their
beneficial uses) as the sole remedy
unless such active measures are
determined not to be practicable,
based on the balancing of trade-offs
among alternatives that is conducted
during the selection of remedy.
(E) EPA expects to consider using
innovative technology when such
technology offers the potential for
comparable or superior treatment
performance or implementability,
fewer or lesser adverse impacts than
other available approaches, or lower
costs for similar levels of
performance than demonstrated
•technologies.
(F) EPA expects to return usable
ground waters to their beneficial uses
wherever practicable, within a
timeframe that is reasonable given
the particular circumstances of the
site. When restoration of ground
water to beneficial uses is not
practicable, EPA expects to prevent
further migration of the plume,
prevent exposure to the contaminated
ground water, and evaluate further
risk reduction.
(2) Remedial
investigation/feasibility study. The
purpose of the remedial
investigation/feasibility study (Rl/FS)
is to assess site conditions and
evaluate alternatives to the extent
necessary to select a remedy.
Developing and conducting an RI/FS
generally includes the following
activities: project scoping, data
collection, risk assessment,
treatability studies, and analysis of
alternatives : ae scope and timing of
these activity.. should be tailored to
the nature and complexity of the
problem and the response
alternatives being considered,
(b) Scoping. In implementing this
section, the lead agency should
consider the program goal, program
management principles, and
expectations contained in this rule.
The investigative and analytical
studies should be tailored to site
circumstances so that the scope and
detail of the analysis is appro ¦ iate to
the complexity of site proble . oeing
addressed. During scoping, the lead
and support agencies shall confer to
identify the optimal set and sequence
of actions necessary to address site
problems. Specifically, the lead
agency shall:
(1) Assemble and evaluate existing
data on the site, including the results
of any removal actions, remedial
preliminary assessment and site
inspections, and the NPL listing
process.
(2) Develop a conceptual
understanding of the site based on the
evaluation of existing data described
in paragraph (b)( 1) of this section.
(3) Identify likely response
scenarios and potentially applicable
technologies and operable units that
may address site problems.
(4) Undertake limited data
collection efforts or studies where
this information will assist in scoping
the RI/FS or accelerate response
actions, and begin to identify the need
for treatability studies, as
appropriate.
(5) Identify the type, quality, and
quantity of the data that will be
collected during the RI/FS to support
decisions regarding remedial
response activities.
(6) Prepare site-specific health and
safety plans that shall specify, at a
minimum, employee training and
protective equipment, medical
surveillance requirements, standard
operating procedures, and a
contingency plan that conforms with
29 CFR 1910.120 (1)(1) and (1)(2).
(7) If natural resources are or may
be injured by the release, ensure that
state and federal trustees of the
affected natural resources have been
notified in order that the trustees may
initiate appropriate actions, including
those identified in subpart G of this
part. The lead agency shall seek to
coordinate necessary assessments,
evaluations, investigations, and
planning with such state and federal
trustees.
(8) Develop sampling and analysis
plans that shall provide a process for
obtaining data of sufficient quality
and quantity to satisfy data needs.
Sampling and analysis plans shall be
reviewed and approved by EPA. The
sampling and analysis plans shall
consist of two parts:
(1) The field sampling plan, which
describes the number, type, and
location of samples and the type of
analyses; and
(ii) The quality assurance project
plan, which describes policy,
organization, and functional activities
and the data quality objectives and
measures necessary to achieve
adequate data for use in selecting the
appropriate remedy.
(9) Initiate the identification of
potential federal and state ARARs
and, as appropriate, other criteria,
advisories, or guidance to be
considered.
(c) Community relations. (1) The
community relations requirements
described in this section apply to all
remedial activities undertaken
pursuant to CERCLA section 104
and to section 106 or section 122
consent orders or decrees, or section
106 administrative orders.
(2) The lead agency shall provide
for the conduct of the following
community relations activities, to the
extent practicable, prior to
commencing field work for the
remedial investigation:
(i) Conducting interviews with local
officials, community residents, public
interest groups, or other interested or
affected parties, as appropriate, to
solicit their concerns and information
needs, and to leara how and when
citizens would like to be involved in
the Superfund process.
(ii) Preparing a formal community
relations plan (CRP), based on the
community interviews and other
relevant information, specifying the
community relations activities that
the lead agency expects to undertake
during the remedial response. The
purpose of the CRP is to:
(A) Ensure the public appropriate
opportunities for involvement in a
wide variety of site-related decisions,
including site analysis and
characterization, alternatives
analysis, and selection of remedy;
(B) Determine, based on community
interviews, appropriate activities to
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 42
ensure such public involvement, and
(C) Provide appropriate
opportunities for the community to
learn about the site.
(iii) Establishing at least one local
information repository at or near the
location of the response action. Each
information repository should contain
a copy of items made available to the
public, including information that
describes the technical assistance
grants application process. The lead
agency shall inform interested parties
of the establishment of the
information repository.
(iv) Informing the community of the
availability of technical assistance
grants.
(3) For PRP actions, the lead
agency shall plan and implement the
community relations program at a
site. PRPs may participate in aspects
of the community relations program
at the discretion of and with oversight
by the lead agency.
(4) The lead agency may conduct
technical discussions involving PRPs
and the public. These technical
discussions may be held separately
from, but contemporaneously with,
the negotiations/settlement
discussions.
(5) In addition, the following
provisions specifically apply to
enforcement actions:
(i) Lead agencies entering into an
enforcement agreement with de
minimis parties under CERCLA
section 122(g) or cost recoveiy
settlements under section 122(h)
shall publish a notice of the proposed
agreement in the Federal Register at
least 30 days before the agreement
becomes final, as required by section
122(i). The notice must identify the
name of the facility and the parties to
the proposed agreement and must
allow an opportunity for comment
and consideration of comments; and
(ii) Where the enforcement
agreement is embodied in a consent
decree, public notice and opportunity
for public comment shall be provided
in accordance with 28 CFR 50.7.
(d) Remedial investigation. (1) The
purpose of the remedial investigation
(RI) is to collect data necessary to
adequately characterize the site for
the purpose of developing and
evaluating effective remedial
alternatives. To characterize the site,
the lead agency shall, as appropriate,
conduct field investigations,
including treatability studies, and
conduct a baseline risk assessment.
The RI provides information to
assess the risks to human health and
the environment and to support the
development, evaluation, and
selection of appropriate response
alternatives. Site characterization
may be conducted in one or more
phases to focus sampling efforts and
increase the efficiency of the
investigation. Because estimates of
actual or potential exposures and
associated impacts on human and
environmental receptors may be
refined throughout the phases of the
RI as new information is obtained,
site characterization activities should
be fully integrated with the
development and evaluation of
alternatives in the feasibility study.
Bench- or pilot-scale treatability
studies shall be conducted, when
appropriate and practicable, to
provide additional data for ihe
detailed analysis and to support
engineering design of remedial
alternatives.
(2) The lead agency shall
characterize the nature of and threat
posed by the hazardous substances
and hazardous materials and gather
data necessary to assess the extent to
which the release poses a threat to
human health or the environment or
to support the analysis and design of
potential response actions by
conducting, as appropriate, field
investigations to assess the following
factors:
(i) Physical characteristics of the
site, including important surface
features, soils, geology,
hydrogeologv, meteorology, and
ecology;
(ii) Characteristics or classifications
of air, surface water, and ground
water;
(iii) The general characteristics of
the waste, including quantities, state,
concentration, toxicity, propensity to
bioaecumulate, persistence, and
mobility;
(iv) The extent to which the source
can be adequately identified and
characterized;
(v) Actual and potential exposure
pathways through environmental
media;
(vi) Actual and potential exposure
routes, for example, inhalation and
ingestion; and
(vii) Other factors, such as sensitive
populations, that pertain to the
characterization of the site or support
the analysis of potential remedial
action alternatives.
(3) The lead and support agency
shall identify their respective
potential ARARs related to the
location of and contaminants at the
site in a timely manner. The lead and
support agencies may also, as
appropriate, identify other pertinent
advisories, criteria, or guidance in a
timely manner (see § 300.400(g)(3)).
(4) Using the data developed under
paragraphs (d) (1) and (2) of this
section, the lead agency shall conduct
a site-specific baseline risk
assessment to characterize the
current and potential threats to
human health and the environment
that may be posed by contaminants
migrating to ground water or surface
water, releasing to air, leaching
through soil, remaining in the soil,
and bioaccumulating in the food
chain. The results of the baseline risk
assessment will help establish
acceptable exposure levels for use in
developing remedial alternatives in
the FS, as described in paragraph (e)
of this section.
(e) Feasibility study. (1) The
primary objective of the feasibility
study (FS) is to ensure that
appropriate remedial alternatives are
developed and evaluated such that
relevant information concerning the
remedial action options can be
presented to a decision-maker and an
appropriate remedy selected. The
lead agency may develop a feasibility
study to address a specific site
problem or the entire site. The
development and evaluation of
alternatives shall reflect the scope
and complexity of the remedial action
under consideration and the site
problems being addressed.
Development of alternatives shall be
fully integrated with the site
characterization activities of the
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 43
remedial investigation described in
paragraph (d) of this section. The
lead agency shall include an
alternatives screening step, when
needed, to select a reasonable
number of alternatives for detailed
analysis.
(2) Alternatives shall be developed
that protect human health and the
environment by recycling waste or by
eliminating, reducing, and/or
controlling risks posed through each
pathway by a site, The number and
type of alternatives to be analyzed
shall be determined at each site,
taking into account the scope,
characteristics, and complexity of the
site problem that is being addressed.
In developing and, as appropriate,
screening the alternatives, the lead
agency shall:
(i) Establish remedial action
objectives specifying contaminants
and media of concern, potential
exposure pathways, and remediation
goals. Initially, preliminary
remediation goals are developed
based on readily available
information, such as
chemical-specific ARARs or other
reliable information. Preliminary
remediation goals should be
modified, as necessary, as more
information becomes available
during the RI/FS. Final remediation
goals will be determined when the
remedy is selected. Remediation
goals shall establish acceptable
exposure levels that are protective of
human health and the environment
and shall be developed by
considering the following:
(A) Applicable or relevant and
appropriate requirements under
federal environmental or state
environmental or facility siting laws,
if available, and the following
factors:
(1) For systemic toxicants,
acceptable exposure levels shall
represent concentration levels to
which the human population,
including sensitive subgroups, may
be exposed without adverse effect
during a lifetime or part of a lifetime,
incorporating an adequate margin of
safety;
(2) For known or suspected
carcinogens, acceptable exposure
levels are generally concentration
levels that represent an excess upper
bound lifetime cancer risk to an
individual of between 10-4 and 10-6
using information on the relationship
between dose and response. The 10-6
risk level shall be used as the point of
departure for determining
remediation goals for alternatives
when ARARs are not available or are
not sufficiently protective because of
the presence of multiple
contaminants at a site or multiple
pathways of exposure.
(3) Factors related to technical
limitations such as
detection/quantification limits for
contaminants;
(4) Factors related to uncertainty;
and
(5) Other pertinent information.
(B) Maximum contaminant level
goals (MCLGs), established under
the Safe Drinking Water Act, that are
set at levels above zero, shall be
attained by remedial actions for .
ground or surface waters that are
current or potential sources of
drinking water, where the MCLGs
are relevant and appropriate under
the circumstances of the release
based on the factors in §
300.400(g)(2). If an MCLG is
determined not to be relevant and
appropriate, the corresponding
maximum contaminant level (MCL)
shall be attained where relevant and
appropriate to the circumstances of
the release.
(C) Where the MCLG for a
contaminant has been set at a level of
zero, the MCL promulgated for that
contaminant under the Safe Drinking
Water Act shall be attained by
remedial actions for ground or
surface waters that are current or
potential sources of drinking water,
where the MCL is relevant and
appropriate under the circumstances
of the release based on the factors in
§ 300.400(g)(2).
(D) In cases involving multiple
contaminants or pathways where
attainment of chemical-specific
ARARs will result in cumulative risk
in excess of 10-4, criteria in
paragraph (e)(2)(i)(A) of this section
may also be considered when
determining the cleanup level lo be
attained.
(E) Water quality criteria
established under sections 303 or
304 of the Clean Water Act shall be
attained where relevant and
appropriate under the circumstances
of the release.
(F) An alternate concentration limit
(ACL) may be established in
accordance with CERCLA section
121(d)(2)(B)(ii).
(G) Environmental evaluations shall
be performed to assess threats to the
environment, especially sensitive
habitats and critical habitats of
species protected under the
Endangered Species Act.
(ii) Identify and evaluate potentially
suitable technologies, including
innovative technologies;
(iii) Assemble suitable technologies
into alternative remedial actions.
(3) For source control actions, the
lead agency shall develop, as
appropriate:
(i) A range of alternatives in which
treatment that reduces the toxicity,
mobility, or volume of the hazardous
substances, pollutants, or
contaminants is a principal element.
As appropriate, this range shall
include an alternative that removes or
destroys hazardous substances,
pollutants, or contaminants to the
maximum extent feasible, eliminating
or minimizing, to the degree possible,
the need for long-term management.
The lead agency also shall develop,
as appropriate, other alternatives
which, at a minimum, treat the
principal threats posed by the site but
vary in the degree of treatment
employed and the quantities and
characteristics of the treatment
residuals and untreated waste that
must be managed; and
(ii) One or more alternatives that
involve little or no treatment, but
provide protection of human health
and the environment primarily by
preventing or controlling exposure to
hazardous substances, pollutants, or
contaminants, through engineering
controls, for example, containment,
and, as necessary, institutional
controls to protect human health and
the environment and to assure
continued effectiveness of the
response action.
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 44
(4) For ground-water response
actions, the lead agency shall develop
a limited number of remedial
alternatives that attain site-specific
remediation levels within different
restoration time periods utilizing one
or more different technologies.
(5) The lead agency shall develop
one or more innovative treatment
technologies for further consideration
if those technologies offer the
potential for comparable or superior
performance or implementability;
fewer or lesser adverse impacts than
other available approaches; or lower
costs for similar levels of
performance than demonstrated
treatment technologies.
(6) The no-action alternative, which
may be no further action if some
removal or remedial action has
already occurred at the site, shall be
developed.
(7) As appropriate, and to the extent
sufficient information is available, the
short- and long-term aspects of the
following three criteria shall be used
to guide the development and
screening of remedial alternatives:
(i) Effectiveness. This criterion
focuses on the degree to which an
alternative reduces toxicity, mobility,
or volume through treatment,
minimizes residual risks and affords
long-term protection, complies with
ARARs, minimizes short-term
impacts, and how quickly it achieves
protection. Alternatives providing
significantly less effectiveness than
other, more promising alternatives
may be eliminated. Alternatives that
do not provide adequate protection of
human health and the environment
shall be eliminated from further
consideration.
(ii) Implementability. This criterion
focuses on the technical feasibility
and availability of the technologies
each alternative would employ and
the administrative feasibility of
implementing the alternative.
Alternatives that are technically or
administratively infeasible or that
would require equipment, specialists,
or facilities that are not available
within a reasonable period of time
may be eliminated from further
consideration.
(iii) Cost. The costs of construction
and any long-term costs to operate
and maintain the alternatives shall be
considered. Costs that are grossly
excessive compared to the overall
effectiveness of alternatives may be
considered as one of several factors
used to eliminate alternatives.
Alternatives providing effectiveness
and implementability similar to that
of another alternative by employing a
similar method of treatment or
engineering control, but at greater
cost, may be eliminated.
(8) The lead agency shall notify the
support agency of the alternatives
that will be evaluated in detail to
facilitate the identification of ARARs
and, as appropriate, pertinent
advisories, criteria, or guidance to be
considered.
(9) Detailed analysis of alternatives.
(i) A detailed analysis shall be
conducted on the limited number of
alternatives that represent viable
approaches to remedial action alter
evaluation in the screening stage. The
lead and support agencies must
identify their ARARs related to
specific actions in a timely manner
and no later than the early stages of
the comparative analysis. The lead
and support agencies may also, as
appropriate, identify other pertinent
advisories, criteria, or guidance in a
timely manner.
(ii) The detailed analysis consists of
an assessment of individual
alternatives against each of nine
evaluation criteria and a comparative
analysis that focuses upon the relative
performance of each alternative
against those criteria.
(iii) Nine criteria for evaluation.
The analysis of alternatives under
review shall reflect the scope and
complexity ol'site problems and
alternatives being evaluated and
consider the relative significance of
the factors within each criteria. The
nine evaluation criteria are as
follows:
(A) Overall protection of human
health and the environment.
Alternatives shall be assessed to
determine whether they can
adequately protect human health and
the environment, in both the short-
and long-term, from unacceptable
risks posed by hazardous substances,
pollutants, or contaminants present at
the site by eliminating, reducing, or
controlling exposures to levels
established during development of
remediation goals consistent with §
300.430(e)(2)(i). Overall protection
of human health and the environment
draws on the assessments of other
evaluation criteria, especially
long-term effectiveness and
permanence, short-term
effectiveness, and compliance with
ARARs.
(B) Compliance with ARARs. The
alternatives shall be assessed to
determine whether they attain
applicable or relevant and
appropriate requirements under
federal environmental laws and state
environmental or facility siting laws
or provide grounds for invoking one
of the waivers under paragraph
(0(1 )(ii)(C) of this section.
(C) Long-term effectiveness and
permanence. Alternatives shall be
assessed for the long-term
effectiveness and permanence they
afford, along with the degree of
certainty that the alternative will
prove successful. Factors that shall
be considered, as appropriate,
include the following:
(1) Magnitude of residual risk
remaining from untreated waste or
treatment residuals remaining at the
conclusion of the remedial activities.
The characteristics of the residuals
should be considered to the degree
that they remain hazardous, taking
into account their volume, toxicity,
mobility, and propensity to
bioaccumulate.
(2) Adequacy and reliability of
controls such as containment systems
and institutional controls that are
necessary to manage treatment
residuals and untreated waste. This
factor addresses in particular the
uncertainties associated with land
disposal for providing long-term
protection from residuals; the
assessment of the potential need to
replace technical components of the
alternative, such as a cap, a slurry
wall, or a treatment system; and the
potential exposure pathways and
risks posed should the remedial
action need replacement.
(D) Reduction of toxicity, mobility.
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40 CFR 300 NATIONAL PEL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 45
or volume through treatment. The
degree to which alternatives employ
recycling or treatment that reduces
toxicity, mobility, or volume shall be
assessed, including how treatment is
used to address the principal threats
posed by the site. Factors that shall
be considered, as appropriate,
include the following:
(1) The treatment or recycling
processes the alternatives employ and
materials they will treat;
(2) The amount of hazardous
substances, pollutants, or
contaminants that will be destroyed,
treated, or recycled;
(3) The degree of expected
reduction in toxicity, mobility, or
volume of the waste due to treatment
or recycling and the specification of
which reduction(s) are occurring;
(4) The degree to which the
treatment is irreversible;
(5) The type and quantity of
residuals that will remain following
treatment, considering the
persistence, toxicity, mobility, and
propensity to bioaccumulate of such
hazardous substances and their
constituents; and
(6) The degree to which treatment
reduces the inherent hazards posed
by principal threats at the site.
(E) Short-term effectiveness. The
short-term impacts of alternatives
shall be assessed considering the
following:
(1) Short-term risks that might be
posed to the community during
implementation of an alternative;
(2) Potential impacts on workers
during remedial action and the
effectiveness and reliability of
protective measures;
(3) Potential environmental impacts
of the remedial action and the
effectiveness and reliability of
mitigative measures during
implementation; and
(4) Time until protection is
achieved.
(F) Implementability. The ease or
difficulty of implementing the
alternatives shall be assessed by
considering the following types of
factors as appropriate:
(1) Technical feasibility, including
technical difficulties and unknowns
associated with the construction and
operation of a technology, the
reliability of the technology, ease of
undertaking additional remedial
actions, and the ability to monitor the
effectiveness of the remedy.
(2) Administrative feasibility,
including activities needed to
coordinate with other offices and
agencies and the ability and time
required to obtain any necessary
approvals and permits from other
agencies (for off-site actions);
(3) Availability of services and
materials, including the availability of
adequate off-site treatment, storage
capacity, and disposal capacity and
services; the availability of necessary
equipment and specialists, and
provisions to ensure any necessary
additional resources; the availability
of services and materials; and
availability of prospective
technologies.
(G) Cost. The types of costs that
shall be assessed include the
following:
(1) Capital costs, including both
direct and indirect costs;
(2) Annual operation and
maintenance costs, and
(3) Net present value of capital and
O&M costs.
(H) State acceptance. Assessment of
state concerns may not be completed
until comments on the RI/FS are
received but may be discussed, to the
extent possible, in the proposed plan
issued for public comment. The state
concerns that shall be assessed
include the following:
(I) The state's position and key
concerns related to the preferred
alternative and other alternatives; and
(2) State comments on ARARs or
the proposed use of waivers.
(I) Community acceptance. This
assessment includes determining
which components of the alternatives
interested persons in the community
support, have reservations about, or
oppose. This assessment may not be
completed until comments on the
proposed plan are received.
(1) Selection ofremcdy-(l)
Remedies selected shall reflect the
scope and puipose of the actions
being undertaken and how the action
relates to long-term, comprehensive
response at the site.
(i) The criteria noted in paragraph
(e)(9)(iii) of this section are used to
select a remedy. These criteria are
categorized into three groups.
(A) Threshold criteria. Overall
protection of human health and the
environment and compliance with
ARARs (unless a specific ARAR is
waived) are threshold requirements
that each alternative must meet in
order to be eligible for selection.
(B) Primary balancing criteria. The
five primary balancing criteria are
long-term effectiveness and
permanence; reduction of toxicity,
mobility, or volume through
treatment; short-term effectiveness;
implementability; and cost.
(C) Modifying criteria. State and
community acceptance are modifying
criteria that shall be considered in
remedy selection.
(ii) The selection of a remedial
action is a two-step process and shall
proceed in accordance with §
300.515(e). First, the lead agency, in
conjunction with the support agency,
identifies a preferred alternative and
presents it to the public in a proposed
plan, for review and comment.
Second, the lead agency shall review
the public comments and consult
with the state (or support agency) in
order to determine if the alternative
remains the most appropriate
remedial action for the site or site
problem. The lead agency, as
specified in § 300.515(e), makes the
final remedy selection decision,
which shall be documented in the
ROD. Each remedial alternative
selected as a Superfiind remedy will
employ the criteria as indicated in
paragraph (f)(l)(i) of this section to
make the following determination:
(A) Each remedial action selected
shall be protective of human health
and the environment.
(B) On-site remedial actions
selected in a ROD must attain those
ARARs that are identified at the time
of ROD signature or provide grounds
for invoking a waiver under §
300.430(0(1 )(ii)(C).
(1) Requirements that are
promulgated or modified alter ROD
signature must be attained (or
waived) only when determined to be
applicable or relevant and
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 46
appropriate and necessaiy to ensure
that the-remedy is protective of
human health and the environment.
(2) Components of the remedy not
described in the ROD must attain (cr
waive) requirements that are
identified as applicable or relevant
and appropriate at the time the
amendment to the ROD or the
explanation of significant difference
describing the component is signed.
(C) An alternative that does not
meet an ARAR under federal
environmental or state environmental
or facility siting laws may be selected
under the following circumstances:
(1) The alternative is an interim
measure and will become part of a
total remedial action that will attain
the applicable or relevant and
appropriate federal or state
requirement;
(2) Compliance with the
requirement will result in greater risk
to human health and the environment
than other alternatives;
(3) Compliance with the
requirement is technically
impracticable from an engineering
perspective;
(4) The alternative will attain a
standard of performance that is
equivalent to that required under the
otherwise applicable standard,
requirement, or limitation through
use of another method or approach;
(5) With respect to a state
requirement, the state has not
consistently applied, or demonstrated
the intention to consistently apply,
the promulgated requirement in
similar circumstances at other
remedial actions within the state; or
(6) For Fund-financed response
actions only, an alternative that
attains the ARAR will not provide a
balance between the need for
protection of human health and the
environment at the site and the
availability of Fund monies to
respond to other sites that may
present a threat to human health and
the environment.
(D) Each remedial action selected
shall be cost-effective, provided that
it first satisfies the threshold criteria
set forth in § 300.430(f)(l )(ii) (A)
and (B). Cost-effectiveness is
determined by evaluating the
following three of the five balancing
criteria noted in §
300.430(f)(l)(i)(B) to determine
overall effectiveness: long-term
effectiveness and permanence,
reduction of toxicity, mobility, or
volume through treatment, and
short-term effectiveness. Overall
effectiveness is then compared to cost
to ensure that the remedy is
cost-effective. A remedy shall be
cost-etTcctive if its costs are
proportional to its overall
effectiveness.
(E) Each remedial action shall
utilize permanent solutions and
alternative treatment technologies or
resource recovery technologies to the
maximum extent practicable. This
requirement shall be fulfilled by
selecting the alternative that satisfies
paragraph (f)(l)(ii) (A) and (B) of
this section and provides the best
balance of trade-offs among
alternatives in terms of the five
primary balancing criteria noted in
paragraph (f)( 1 )(i)(B) of this section.
The balancing shall emphasize
long-term effectiveness and reduction
of toxicity, mobility, or volume
through treatment. The balancing
shall also consider the preference for
treatment as a principal element and
the bias against off-site land disposal
of untreated waste. In making the
determination under this paragraph,
the modifying criteria of state
acceptance and community
acceptance described in paragraph
(0(l)(i)(C) of this section shall also
be considered.
(2) The proposed plan. In the first
step in the remedy selection process,
the lead agency shall identify the
alternative that best meets the
requirements in § 300.430(f)(1),
above, and shall present that
alternative to the public in a
proposed plan. The lead agency, in
conjunction with the support agency
and consistent with § 300.515(e),
shall prepare a proposed plan that
briefly describes the remedial
alternatives analyzed by the lead
agency, proposes a preferred
remedial action alternative, and
summarizes the information relied
upon to select the preferred
alternative. The selection ol'remedv
process for an operable unit may be
initiated at any time during the
remedial action process. The purpose
of the proposed plan is to supplement
the RI/FS and provide the public with
a reasonable opportunity to comment
on the preferred alternative for
remedial action, as well as alternative
plans under consideration, and to
participate in the selection of
remedial action at a site. At a
minimum, the proposed plan shall:
(i) Provide a brief summary
description of the remedial
alternatives evaluated in the detailed
analysis established under paragraph
(e)(9) of this section;
(ii) Identify and provide a
discussion of the rationale that
supports the preferred alternative;
(iii) Provide a summary of any
formal comments received from the
support agency; and
(iv) Provide a summary explanation
of any proposed waiver identified
under paragraph (f)(l)(ii)(C) of this
section from an ARAR.
(3) Community relations to support
the selection of remedy, (i) The lead
agency, after preparation of the
proposed plan and review by the
support agency, shall conduct the
following activities:
(A) Publish a notice of availability
and brief analysis of the proposed
plan in a major local newspaper of
general circulation;
(B) Make the proposed plan and
supporting analysis and information
available in the administrative record
required under subpart I of this part;
(C) Provide a reasonable
opportunity, not less than 30 calendar
days, for submission of written and
oral comments on the proposed plan
and the supporting analysis and
information located in the
information repository, including the
RI/FS. Upon timely request, the lead
agency will extend the public
comment period by a minimum of 30
additional days;
(D) Provide the opportunity for a
public meeting to be held during the
public comment period at or near the
site at issue regarding the proposed
plan and the supporting analysis and
information;
(E) Keep a transcript of the public
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 47
meeting held during the public
comment period pursuant to
CERCLA section 117(a) and make
such transcript available to the
public; and
(F) Prepare a written summary of
significant comments, criticisms, and
new relevant information submitted
during the public comment period
and the lead agency response to each
issue. This responsiveness summary
shall be made available with the
record of decision,
(ii) After publication of the
proposed plan and prior to adoption
of the selected remedy in the record
of decision, if new information is
made available that significantly
changes the basic features of the
remedy with respect to scope,
performance, or cost, such that the
remedy significantly differs from the
original proposal in the proposed
plan and the supporting analysis and
information, the lead agency shall:
(A) Include a discussion in the
record of decision of the significant
changes and reasons for such
changes, if the lead agency
determines such changes could be
reasonably anticipated by the public
based on the alternatives and other
information available in the proposed
plan or the supporting analysis and
information in the administrative
record; or
(B) Seek additional public comment
on a revised proposed plan, when the
lead agency determines the change
could not have been reasonably
anticipated by the public based on the
information available in the proposed
plan or the supporting analysis and
information in the administrative
record. The lead agency shall, prior
to adoption of the selected remedy in
the ROD, issue a revised proposed
plan, which shall include a discussion
of the significant changes and the
reasons for such changes, in
accordance with the public
participation requirements described
in paragraph
(f)(3)(i) of this section.
(4) Final remedy selection, (i) In the
second and final step in the remedy
selection process, the lead agency
shall reassess its initial determination
that the preferred alternative provides
the best balance of trade-offs, now
factoring in any new information or
points of view expressed by the state
(or support agency) and community
during the public comment period.
The lead agency shall consider state
(or support agency) and community
comments regarding the lead
agency's evaluation of alternatives
with respect to the other criteria.
These comments may prompt the
lead agency to modify aspects of the
preferred alternative or decide that
another alternative provides a more
appropriate balance. The lead
agency, as specified in § 300.515(e),
shall make the final remedy selection
decision and document that decision
in the ROD.
(ii) If a remedial action is selected
thai results in hazardous substances,
pollutants, or contaminants remaining
at the site above levels that allow for
unlimited use and unrestricted
exposure, the lead agency shall
review such action no less often than
every five years after initiation of the
selected remedial action.
(iii) The process for selection of a
remedial action at a federal facility on
the NPL, pursuant to CERCLA
section 120, shall entail:
(A) Joint selection of remedial
action by the head of the relevant
department, agency, or
instrumentality and EPA; or
(B) If mutual agreement on the
remedy is not reached, selection of
the remedy is made by EPA.
(5) Documenting the decision, (i)
To support the selection of a
remedial action, all facts, analyses of
facts, and site-spccifie policy
determinations considered in the
course of carrying out activities in
this section shall be documented, as
appropriate, in a record of decision,
in a level of detail appropriate to the
site situation, for inclusion in the
administrative record required under
subpart I of this part. Documentation
shall explain how the evaluation
criteria in paragraph (e)(9)(iii) of this
section were used to select the
remedy.
(ii) The ROD shall describe the
following statutory requirements as
they relate to the scope and
objectives of the action:
(A) How the selected remedy is
protective of human health and the
environment, explaining how the
remedy eliminates, reduces, or
controls exposures to human and
environmental receptors;
(B) The federal and state
requirements that are applicable or
relevant and appropriate to the site
that the remedy will attain;
(C) The applicable or relevant and
appropriate requirements of other
federal and state laws that the remedy
will not meet, the waiver invoked,
and the justification for invoking the
waiver,
(D) How the remedy is
cost-effective, i.e., explaining how
the remedy provides overall
effectiveness proportional to its costs;
(E) How the remedy utilizes
permanent solutions and alternative
treatment technologies or resource
recovery technologies to the
maximum extent practicable; and
(F) Whether the preference for
remedies employing treatment which
permanently and significantly reduces
the toxicity, mobility, or volume of
the hazardous substances, pollutants,
or contaminants as a principal
element is or is not satisfied by the
selected remedy. If this preference is
not satisfied, the record of decision
must explain why a remedial action
involving such reductions in toxicity,
mobility, or volume was not selected.
(iii) The ROD also shall:
(A) Indicate, as appropriate, the
remediation goals, discussed in
paragraph (e)(2)(i) of this section,
thnt the remedy is expected to
achieve. Performance shall be
measured at appropriate locations in
the ground water, surface water,
soils, air, and other affected
environmental media. Measurement
relating to the performance of the
treatment processes and the
engineering controls may also be
identified, as appropriate;
(B) Discuss sipificant changes and
the response to comments described
in paragraph (f)(3)(i)(F) of this
section;
(C) Describe whether hazardous
substances, pollutants, or
contaminants will remain at the site
su •. that a review of the remedial
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 48
action under paragraph (f)(4)(ii) of
this section no less often than every
five years shall be required; and
(D) When appropriate, provide a
commitment for further analysis and
selection of long-term response
measures within an appropriate
time-frame.
(6) Community relations when the
record of decision is signed. After the
ROD is signed, the lead agency shall:
(i) Publish a notice of the
availability of the ROD in a major
local newspaper of general
circulation; and
(ii) Make the record of decision
available for public inspection and
copying at or near the facility at issue
prior to the commencement of any
remedial action.
§ 300.435 Remedial
design/remedial action, operation
and maintenance.
(a) General. The remedial
design/remedial action (RD/RA)
stage includes the development of the
actual design of the selected remedy
and implementation of the remedy
through construction. A period of
operation and maintenance may
follow the RA activities.
(b) RD/RA activities. (1) All
RD/RA activities shall be in
conformance with the remedy
selected and set forth in the ROD or
other decision document for that site.
Those portions of RD/RA sampling
and analysis plans describing the
QA/QC requirements for chemical
and analytical testing and sampling
procedures of samples taken for the
purpose of determining whether
cleanup action levels specified in the
ROD are achieved, generally will be
consistent with the requirements of §
300.430(b)(8).
(2) During the course of the
RD/RA, the lead agency shall be
responsible for ensuring that all
federal and state requirements that
are identified in the ROD as
applicable or relevant and
appropriate requirements for the
action are met. If waivers from any
ARARs are involved, the lead agency
shall be responsible for ensuring that
the conditions of the waivers are met.
(c) Community relations. (1) Prior
to the initiation of RD, the lead
agency shall review the CRP to
determine whether it should be
revised to describe further public
involvement activities during RD/RA
that are not already addressed or
provided for in the CRP.
(2) After the adoption of the ROD,
if the remedial action or enforcement
action taken, or the settlement or
consent decree entered into, differs
significantly from the remedy
selected in the ROD with respect to
scope, performance, or cost, the lead
agency shall consult with the support
agency, as appropriate, and shall
either:
(i) Publish an explanation of
significant differences when the
differences in the remedial or
enforcement action, settlement, or
consent decree significantly change
but do not fundamentally alter the
remedy selected in the ROD with
respect to scope, performance, or
cost. To issue an explanation of
significant differences, the lead
agency shall:
(A) Make the explanation of
significant differences and supporting
information available to the public in
the administrative record established
under § 300.815 and the information
repository; and
(B) Publish a notice that briefly
summarizes the explanation of
significant differences, including the
reasons for such differences, in a
major local newspaper of general
circulation; or
(ii) Propose an amendment to the
ROD if the differences in the
remedial or enforcement action,
settlement, or consent decree
fundamentally alter the basic features
of the selected remedy with respect to
scope, performance, or cost. To
amend the ROD, the lead agency, in
conjunction with the support agency,
as provided in § 300.515(e), shall:
(A) Issue a notice of availability and
brief description of the proposed
amendment to the ROD in a major
local newspaper of general
circulation;
(B) Make the proposed amendment
to the ROD and information
supporting the decision available for
public comment;
(C) Provide a reasonable
opportunity, not less than 30 calendar
days, for submission of written or
oral comments on the amendment to
the ROD. Upon timely request, the
lead agency will extend the public
comment period by a minimum of 30
additional days;
(D) Provide the opportunity for a
public meeting to be held
during the public comment period at
or near the facility at
issue;
(E) Keep a transcript of comments
received at the public meeting held
during the public comment period;
(F) Include in the amended ROD a
brief explanation of the amendment
and the response to each of the
significant comments, criticisms, and
new relevant information submitted
during the public comment period;
(G) Publish a notice of the
availability of the amended ROD in a
major local newspaper of general
circulation; and
(H) Make the amended ROD-and
supporting information available to
the public in the administrative
record and information repository
prior to the commencement of the
remedial action affected by the
amendment.
(3) After the completion of the final
engineering design, the lead agency
shall issue a fact sheet and provide,
as appropriate, a public briefing prior
to the initiation of the remedial
action.
(d) Contractor conflict of interest.
(1) For Fund-financed RD/RA and
O&M activities, the lead agency
shall:
(i) Include appropriate language in
the solicitation requiring potential
prime contractors to submit
information on their status, as well as
the status of their subcontractors,
parent companies, and affiliates, as
potentially responsible parties at the
site.
(ii) Require potential prime
contractors to certify that, to the best
of their knowledge, they and their
potential subcontractors, parent
companies, and affiliates have
disclosed all information described in
§ 300.435(d)(l)(i) or that no such
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp49
information exists, and that any such
information discovered after
submission of their bid or proposal or
contract award will be disclosed
immediately,
(2) Prior to contract award, the lead
agency shall evaluate the information
provided by the potential prime
contractors and:
(i) Determine whether they have
conflicts of interest that could
significantly impact the performance
of the contract or the liability of
potential prime contractors or
subcontractors,
(ii) If a potential prime contractor or
subcontractor has a conflict of
interest that cannot be avoided or
otherwise resolved, and using that
potential prime contractor or
subcontractor to conduct RD/RA or
O&M work under a Fund-financed
action would not be in the best
interests of the state or federal
government, an offeror or bidder
contemplating use of that prime
contractor or subcontractor may be
declared rionresponsible or ineligible
for award in accordance with
appropriate acquisition regulations,
and the contract may be awarded to
the next eligible offeror or bidder.
(e) Recontracting. (1) If a
Fund-financed contract must be
terminated because additional work
outside the scope of the contract is
needed, EPA is authorized to take
appropriate steps to continue interim
RAs as necessary to reduce risks to
public health and the environment.
Appropriate steps may include
extending an existing contract for a
federal-lead RA or amending a
cooperative agreement for a
state-lead RA, Until the lead agency
can reopen the bidding process and
recontract to complete the RA, EPA
may take such appropriate steps as
described above to cover interim
work to reduce such risks, where:
(i) Additional work is found to be
needed as a result of such unforeseen
situations as newly discovered
sources, types, or quantities of
hazardous substances at a facility;
and
(ii) Performance of the complete
RA requires the lead agency to rcbid
the contract because the existing
contract does not encompass this
newly discovered work.
(2) The cost of such interim actions
shall not exceed $2 million,
(f) Operation and maintenance. (1)
Operation and maintenance (O&M)
measures are initiated after the
remedy has achieved the remedial
action objectives and remediation
goals in the ROD, and is determined
to be operational and functional,
except lor ground- or surface-water
restoration actions covered under §
300,435(0(4). A state must provide
its assurance to assume responsibility
for O&M, including, where
appropriate, requirements for
maintaining institutional controls,
under § 300.510(c).
(2) A remedy becomes "operational
and functional" either one year after
construction is complete, or when the
remedy is determined concurrently by
EPA and the state to be functioning
properly and is performing as
designed, whichever is earlier. EPA
may grant extensions to the one-year
period, as appropriate,
(3) For Fund-financed remedial
actions involving treatment or other
measures to restore ground- or
surface-water quality to a level that
assures protection of human health
and the environment, the operation of
such treatment or other measures for
a period of up to 10 years alter the
remedy becomes operational and
functional will be considered part of
the remedial action. Activities
required to maintain the effectiveness
of such treatment or measures
following the 10-year period, or after
remedial action is complete,
whichever is earlier, shall be
considered O&M. For the purposes
of federal funding provided under
CERCLA section 104(c)(6), a
restoration activity will be considered
administratively "complete" when:
(i) Measures restore ground- or
surface-water quality to a level that
assures protection of human health
and the environment;
(ii) Measures restore ground or
surface water to such a point that
reductions in contaminant
concentrations are no longer
significant; or
(iii) Ten years have elapsed.
whichever is earliest.
(4) The following shall not be
deemed to constitute treatment or
other measures to restore
contaminated ground or surface water
under § 300.435(f)(3):
(1) Source control maintenance
measures; and
(ii) Ground- or surface-water
measures initiated for the primary
purpose of providing a
drinking-water supply, not for the
purpose of restoring ground water.
§ 300.440 Procedures for
planning and implementing
off-site response actions.
(a) Applicability. (1) This section
applies to any remedial or removal
action involving the off-site transfer
of any hazardous substance,
pollutant, or contaminant as defined
under CERCLA sections 101 (14)
and (33) (" CERCLA waste") that is
conducted by EPA, States, private
parties, or other Federal agencies,
that is Fund-financed and/or is taken
pursuant to any CERCLA authority,
including cleanups at Federal
facilities under section 120 of
CERCLA, and cleanups under
section 311 of the Clean Water Act
(except for cleanup of petroleum
exempt under CERCLA).
Applicability extends to those actions
taken jointly under CERCLA and
another authority.
(2) In cases of emergency removal
actions under CERCLA, emergency
actions taken during remedial
actions, or response actions under
section 311 of the Clean Water Act
where the release poses an immediate
and significant threat to human health
and the environment, the On-Scene
Coordinator (OSC) may determine
that it is necessary to transfer
CERCLA waste off-site without
following the requirements of this
section.
(3) This section applies to
CERCLA wastes frorn cleanup
actions based on CERCLA decision
documents signed or consent decrees
lodged after October 17, 1986
('" post-SARA CERCLA wastes") as
well as those based on CERCLA
decision documents signed and
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 50
consent decrees lodged prior to
October 17, 1986 ("pre-SARA
CERCLA wastes"). Pre-SARA and
post-SARA CERCLA wastes are
subject to the same acceptability
criteria in § 300.440(b) (1) and (2).
(4) EPA (usually the EPA Regional
Office) will determine the
acceptability under this section of any
facility selected for the treatment,
storage, or disposal of CERCLA
waste. EPA will determine if there
are relevant releases or relevant
violations at a facility prior to the
facility's initial receipt of CERCLA
waste. A facility which has
previously been evaluated and found
acceptable under this rule (or the
preceding policy) is acceptable until
the EPA Regional Office notifies the
facility otherwise pursuant to §
300.440(d).
(5) Off-site transfers of those
laboratory samples and treatability
study CERCLA wastes from
CERCLA sites set out in paragraphs
(a)(5) (i) through (iii) of this section,
are not subject to the requirements of
this section. However, those
CERCLA wastes may not be
transferred back to the CERCLA site
unless the Remedial Project Manager
or OSC assures the proper
management of the CERCLA waste
samples or residues and gives
permission to the laboratory or
treatment facility for the samples
and/or residues to be returned to the
site.
(i) Samples of CERCLA wastes
sent to a laboratory for
characterization;
(ii) RCRA hazardous wastes that
are being transferred from a
CERCLA site for treatability studies
and that meet the requirements for an
exemption for RCRA under 40 CFR
261.4(e); and
(iii) Non-RCRA wastes that are
being transferred from a CERCLA
site for treatability studies and that
are below the quantity threshold
established at 40 CFR 261.4(e)(2).
(b) Acceptability criteria. (1)
Facility compliance, (i) A facility will
be deemed in compliance for the
purpose of this rule if there are no
relevant violations at or affecting the
unit or units receiving CERCLA
waste:
(A) For treatment to standards
specified in 40 CFR part 268,
subpart D, including any
pre-treatment or storage units used
prior to treatment;
(B) For treatment to substantially
reduce its mobility, toxicity or
persistence in the absence of a
defined treatment standard, including
any pre-treatment or storage units
used prior to treatment; or
(C) For storage or ultimate disposal
of CERCLA waste not treated to the
previous criteria at the same facility.
(ii) Relevant violations include
significant deviations from
regulations, compliance order
provisions, or pciTnit conditions
designed to: ensure that CERCLA
waste is destined for and delivered to
authorized facilities; prevent releases
of hazardous waste, hazardous
constituents, or hazardous substances
to the environment; ensure early
detection of such releases; or compel
corrective action for releases.
Criminal violations which result in
indictment are also relevant
violations. In addition, violations of
the following requirements may be
considered relevant:
(A) Applicable subsections of
sections 3004 and 3005 of RCRA or,
where applicable, other Federal laws
(such as the Toxic Substances
Control Act and subtitle D of
RCRA);
(B) Applicable sections of State
environmental laws; and
(C) In addition, land disposal units
at RCRA subtitle C facilities
receiving RCRA hazardous waste
from response actions authorized or
funded under CERCLA must be in
compliance with RCRA section
3004(o) minimum technology
requirements. Exceptions may be
made only if the unit has been
granted a waiver from these
requirements under 40 CFR 264.301.
(2) Releases, (i) Release is defined
in § 300.5 of this part. Releases
under this section do not include:
(A) De minimis releases;
(B) Releases permitted under
Federal programs or under Federal
programs delegated to the States
(Federally permitted releases are
defined in § 300.5), except to the
extent that such releases are found to
pose a threat to human health and the
environment; or
(C) Releases to the air that do not
exceed standards promulgated
pursuant to RCRA section 3004(n),
or absent such standards, or where
such standards do not apply, releases
to the air that do not present a threat
to human health or the environment.
(ii) Releases from units at a facility
designated for off-site transfer of
CERCLA waste must be addressed
as follows:
(A) Receiving units at RCRA
subtitle C facilities. CERCLA wastes
may be transferred to an off-site unit
regulated under subtitle C of RCRA,
including a facility regulated under
the permit-by-rule provisions of 40
CFR 270.60 (a), (b) or (c), only if
that unit is not releasing any
hazardous waste, hazardous
constituent, or hazardous substance
into the ground water, surface water,
soil or air.
(B) Other units at RCRA subtitle C
land disposal facilities. CERCLA
wastes may not be transferred to any
unit at a RCRA subtitle C land
disposal facility where a
non-receiving unit is releasing any
hazardous waste, hazardous
constituent, or hazardous substance
into the ground water, surface water,
soil, or air, unless that release is
controlled by an enforceable
agreement for corrective action under
subtitle C of RCRA or other
applicable Federal or State authority.
For purposes of this section, a RCRA
land disposal facility" is any RCRA
facility at which a land disposal unit
is located, regardless of whether a
land disposal unit is the receiving
unit.
(C) Other units at RCRA subtitle C
treatment, storage, and
permit-by-rule facilities. CERCLA
wastes may not be transferred to any
unit at a RCRA subtitle C treatment,
storage or permit-by-rule facility,
where a release of any hazardous
waste, hazardous constituent, or
hazardous substance from
non-receiving units poses a
significant threat to public health or
the environment, unless that release
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 51
is controlled by an enforceable
agreement for corrective action under
subtitle C of RCRA or other
applicable Federal or State authority.
(D) All other facilities. CERCLA
wastes should not be transferred to
any unit at an other-than-RCRA
subtitle C facility if the EPA
Regional Office has information
indicating that an environmentally
significant release of hazardous
substances has occurred at that
facility, unless the release is
controlled by an enforceable
agreement for corrective action under
an applicable Federal or State
authority.
(iii) Releases are considered to be
controlled" for the purpose of this
section as provided in § 300.440
(f)(3)(iv) and (f)(3)(v). A release is
not considered "controlled" for the
purpose of this section during the
pendency of administrative or judicial
challenges to corrective action
requirements, unless the facility has
made the requisite showing under §
300.440(e).
(c) Basis for determining
acceptability. (1) If a State finds that
a facility within its jurisdiction is
operating in non-compliance with
state law requirements including the
requirements of any Federal program
for which the State has been
authorized, EPA will determine, after
consulting with the State as
appropriate, if the violation is
relevant under the rule and if so,
issue an initial determination of
unacceptability.
(2) If a State finds that releases are
occurring at a facility regulated under
State law or a Federal program for
which the State is authorized, EPA.
will determine, after consulting with
the State as appropriate, if the release
is relevant under the rule and if so,
issue an initial determination of
unacceptability.
(3) EPA may also issue initial
determinations of unacceptability
based on its own findings. EPA can
undertake any inspections, data
collection and/or assessments
necessary. EPA will then notify with
the State about the results and issue a
determination notice if a relevant
violation or release is found.
(d) Determination of
unacceptability. (1) Upon initial
determination by the EPA Region;
Office that a facility being considered
for the off-site transfer of any
CERCLA waste does not meet the
criteria for acceptability stated in §
300.440(b), the EPA Region shall
notify the owner/operator of such
facility, and the responsible agency in
the State in which the facility is
located, of the unacceptability
finding. The notice will be sent by
certified and first-class mail, return
receipt requested. The certified
notice, if not acknowledged by the
return receipt card, should be
considered to have been received by
the addressee if properly sent by
regular mail to the last address
known to the EPA Regional Office.
(2) The notice shall generally: state
that based on available information
from a RCRA Facility Assessment
(RFA), inspection, or other data
sources, the facility has been found
not to meet the requirements of §
300.440; cite the specific acts,
omissions, or conditions which fomi
the basis of these findings; and
inform the owner/operator of the
procedural recourse available under
this regulation.
(3) A facility which was previously'
evaluated and found acceptable under
this rule (or the preceding policy)
may continue to receive CERCLA
waste for 60 calendar days after the
date of issuance of the notice, unless
otherwise determined in accordance
with paragraphs (d)(8) or (d)(9) of
this section.
(4) If the owner or operator of the
facility in question submits a written
request for an infonmal conference
with the EPA Regional Office within
10 calendar days from the issuance of
the notice, the EPA Regional Office
shall provide the opportunity for such
conference no later than 30 calendar
days after the date of the notice, if
possible, to discuss the basis for the
underlying violation or release
determination, and its relevance to
the facility's acceptability to receive
CERCLA cleanup wastes. State
representatives may attend the
informal conference, submit written
comments prior to the informal
conference, and/or request additional
meetings with the EPA Region,
relating to the unacceptability issue
during the determination process. If
no State representative is present,
EPA shall notify the State of the
outcome of the conference. An
owner/operator may submit written
comments by the 30th day after
issuance of the notice, in addition to
or instead of requesting an informal
conference.
(5) If the owner or operator neither
requests an informal conference nor
submits written comments, the
facility becomes unacceptable to
receive CERCLA waste on the 60th
day after the notice is issued (or on
such other date designated under
paragraph (d)(9) of this section). The
facility will remain unacceptable until
such time as the EPA Regional
Office notifies the owner or operator
otherwise.
(6) If an informal conference is
held or written comments are
received, the EPA Region shall
decide whether or not the information
provided is sufficient to show that the
facility is operating in physical
compliance with respect to the
relevant violations cited in the initial
notice of unacceptability, and that all
relevant releases have been
eliminated or controlled, as required
in paragraph (b)(2) of this section,
such that a determination of
acceptability would be appropriate.
EPA will notify the owner/operator in
writing whether or not the
information provided is sufficient to
support a determination of
acceptability. Unless EPA determines
that information provided by the
owner/operator and the State is
sufficient to support a determination
of acceptability, the facility becomes
unacceptable on the 60th calendar
day after issuance of the original
notice of unacceptability (or other
date established pursuant to
paragraphs (d)(8) or (d)(9) of this
section).
(7) Within 10 days of hearing from
the EPA Regional Office after the
informal conference or the submittal
of written comments, the
owner/operator or the State may
request a reconsideration of the
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4QCFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN ppS3
criteria stated in § 300.440(b). Upon
such a finding, the EPA Regional
Office shall notify the facility and the
State in writing.
Subpart F-State Involvement in
Hazardous Substance Response
Source: 55 FR 8853, Mar. 8, 1990,
unless otherwise noted
§ 300.500 General.
(a) EPA shall ensure meaningful
and substantial state involvement in
hazardous substance response as
specified in this subpart. EPA shall
provide an opportunity for state
participation in removal,
pre-remedial, remedial, and
enforcement response activities. EPA
shall encourage states to enter into an
EPA/state Superfund Memorandum
of Agreement (SMOA) under §
300.505 to increase state
involvement and strengthen the
EPA/state partnership.
(b) EPA shall encourage states to
participate in Fund-financed response
in two ways. Pursuant to §
300.515(a), states may either assume
the lead through a cooperative
agreement for the response action or
may be the support agency in
EPA-lead remedial response. Section
300.515 sets forth requirements for
state involvement in EPA-lead
remedial and enforcement response
and also addresses comparable
requirements for EPA involvement in
state-lead remedial and enforcement
response. Section 300.520 specifies
requirements for state involvement in
EPA-lead enforcement negotiations.
Section 300.525 specifies
requirements for state involvement in
removal actions. In addition to the
requirements set forth in this subpart,
40 CFR part 35, subpart O,
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions,"
contains further requirements for
state participation during response.
§ 300.505 EPA/State Superfund
Memorandum of Agreement
(SMOA).
(a) The SMOA may establish the
nature and extent of EPA and state
interaction during EPA-lead and
state-lead response (Indian tribes
meeting the requirements of §
300.515(b) may be treated as states
for purposes of this section). EPA
shall enter into SMOA discussions if
requested by a state. The following
may be addressed in a SMOA:
(1) The EPA/state or Indian tribe
relationship for removal,
pre-remedial, remedial, and
enforcement response, including a
description of the roles and the
responsibilities of each,
(2) The general requirements for
EPA oversight. Oversight
requirements may be more
specifically defined in cooperative
agreements.
(3) The general nature of lead and
support agency interaction regarding
the review of key documents and/or
decision points in removal,
pre-remedial, remedial, and
enforcement response. The
requirements for EPA and state
review of each other's key documents
when each is serving as the support
agency shall be equivalent to the
extent practicable. Review times
agreed to in the SMOA must also be
documented in site-specific
cooperative agreements or Superfund
state contracts in order to be binding.
(4) Procedures for modification of
the SMOA (e.g., if EPA and a state
agree that the lead and support
agency roles and responsibilities
have changed, or if modifications are
required to achieve desired goals).
(b) The SMOA and any
modifications thereto shall be
executed by the EPA Regional
Administrator and the head of the
state agency designated as lead
agency for state implementation of
CERCLA.
(c) Site-specific agreements entered
into pursuant to section 104(d)( 1) of
CERCLA shall be developed in
accordance with 40 CFR part 35,
subpart O. The SMOA shall not
supersede such agreements.
(d)(1) EPA and the state shall
consult annually to determine
priorities and make lead and support
agency designations for removal,
pre-remedial, remedial, and
enforcement response to be
conducted during the next fiscal year
and to discuss future priorities and
long-term requirements for response.
These consultations shall include the
exchange of information on both
Fund- and non-Fund-financed
response activities. The SMOA may
describe the timeframe and process
for the EPA/state consultation.
(2) The following activities shall be
discussed in the EPA/state
consultations established in the
SMOA, or otherwise initiated and
documented in writing in the absence
of a SMOA, on a site-specific basis
with EPA and the state identifying the
lead agency for each response action
discussed:
(i) Pre-remedial response actions,
including preliminary assessments
and site inspections;
(ii) Hazard Ranking System scoring
and NPL listing and deletion
activities;
(iii) Remedial phase activities,
including remedial
investigation/feasibility study,
identification of potential applicable
or relevant and appropriate
requirements (ARARs) under federal
and state environmental laws and, as
appropriate, other advisories, criteria,
or guidance to be considered (TBCs),
proposed plan, ROD, remedial
design, remedial action, and
operation and maintenance;
(iv) Potentially responsible party
(PRP) searches, notices to PRPs,
response to information requests,
PRP negotiations, oversight of PRPs,
other enforcement actions pursuant to
state law, and activities where the
state provides support to EPA;
(v) Compilation and maintenance of
the administrative record for
selection of a response action as
required by subpart I of this part;
(vi) Related site support activities;
(vii) State ability to share in the cost
and liming of payments; and
(viii) General CERCLA
implementation activities.
(3) If a state is designated as the
lead agency for a non-Fund-financed
action at an NPL site, the SMOA
shall be supplemented by
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40 CFR -300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 54
site-specific .enforcement agreements
between EPA and the state which
specify schedules and EPA
involvement.
(4) In the absence of a SMOA, EPA
and the state shall comply with the
requirements in § 300.515(h). If the
SMOA does not address all of the
requirements specified in §
300.515(h), EPA and the state shall
comply with any unaddressed
requirements in that section.
§ 300.510 State assurances.
(a) A Fund-financed remedial action
undertaken pursuant to CERCLA
section 104(a) cannot proceed unless
a state provides its applicable
required assurances. The assurances
must be provided by the state prior to
the initiation of remedial action
pursuant to a Superfund state
contract for EPA-lead (or political
subdivision-lead) remedial action or
pursuant to a cooperative agreement
for a state-lead remedial action. The
SMOA may not be used for this
purpose. Federally recognized Indian
tribes are not required to provide
CERCLA section 104(c)(3)
assurances for Fund-financed
response actions. Further
requirements pertaining to state,
political subdivision, and federally
recognized Indian tribe involvement
in CERCLA response are found in 40
CFR part 35, subpart O.
(b)( 1) The state is not required to
share in the cost of state-or EPA-lead
Fund-financed removal actions
(including remedial planning
activities associated with remedial
actions) conducted pursuant to
CERCLA section 104 unless the
facility was operated by the state or a
political subdivision thereof at the
time of disposal of hazardous
substances therein and a remedial
action is ultimately undertaken at the
site. Such remedial planning
activities include, but are not limited
to, remedial investigations (RIs),
feasibility studies (FSs), and remedial
design (RD). States shall be required
to share 50 percent, or greater, in the
cost of all Fund-financed response
actions if the facility was publicly
operated at the time of the disposal of
hazardous substances. For other
facilities, except federal facilities, the
state shall be required to share 10
percent of the cost of the remedial
action.
(2) CERCLA section 104(c)(5)
provides that EPA shall grant a state
credit for reasonable, documented,
direct, out-of-pocket, non-federal
expenditures subject to the
limitations specified in CERCLA
section 104(c)(5). For a state to apply
credit toward its cost share, it must
enter into a cooperative agreement or
Superfund state contract. The state
must submit as soon as possible, but
no later than at the time CERCLA
section 104 assurances are provided
for a remedial action, its accounting
of eligible credit expenditures for
EPA verification. Additional credit
requirements are contained in 40
CFR part 35, subpart O.
(3) Credit may be applied to a
state's future cost share requirements
at NPL sites for response
expenditures or obligations incurred
by the state or a political subdivision
from January 1, 1978 to December
11,1980, and for the remedial action
expenditures incurred only by the
state after October 17, 1986.
(4) Credit that exceeds the required
cost share at the site for which the
credit is granted may be transferred
to another site to offset a state's
required remedial action cost share.
(c)(1) Prior to a Fund-financed
remedial action, the state must also
provide its assurance in accordance
with CERCLA section 104(c)(3)(A)
to assume responsibility for operation
and maintenance of implemented
remedial actions for the expected life
of such actions. In addition, when
appropriate, as part of the O&M
assurance, the state must assure that
any institutional controls
implemented as part of the remedial
action at a site arc in place, reliable,
and will remain in place after the
initiation of O&M. The stale and
EPA shall consult on a plan for
operation and maintenance prior to
the initiation of a remedial action.
(2) After a joint EPA/State
inspection of the implemented
Fund-financed remedial action under
§ 300.515(g), EPA may share, for
any extension period established in §
300.435(f)(2), in the cost of the
operation of the remedy to ensure that
the remedy is operational and
functional. In the case of restoration
of ground or surface water, EPA shall
share in the cost of the State's
operation of ground- or surface-water
restoration remedial actions as
specified in § 300.435(f)(3).
(d) In accordance with CERCLA
sections 104 (c)(3)(B) and
121 (d)(3), if the remedial action
requires off-site storage, destruction,
treatment, or disposal, the state must
provide its assurance before the
remedial action begins on the
availability of a hazardous waste
disposal facility that is in compliance
with CERCLA section 121(d)(3) and
is acceptable to EPA.
(e)(1) In accordance with CERCLA
section 104(c)(9), EPA shall not
provide any remedial action pursuant
to CERCLA section 104 until the
state in which the release occurs
enters into a cooperative agreement
or Superfund state contract with EPA
providing assurances deemed
adequate by EPA that the state will
assure the availability of hazardous
waste treatment or disposal facilities
which:
(1) Have adequate capacity for the
destruction, treatment, or secure
disposition of all hazardous wastes
that are reasonably expected to be
generated within the state during the
20-year period following the date of
such cooperative agreement or
Superfund state contract and to be
destroyed, treated, or disposed;
(ii) Are within the state, or outside
the state in accordance with an
interstate agreement or regional
agreement or authority;
(iii) Are acceptable to EPA; and
(iv) Are in compliance with the
requirements of Subtitle C of the
Solid Waste Disposal Act.
(2) This rule does not address
whether or not Indian tribes are states
for purposes of this paragraph (e).
(f) EPA may determine that an
interest in real property must be
acquired in order to conduct a
response action. However, as
provided in CERCLA section
104(f)(2), EPA may acquire an
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40 C'FR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 55
interest in real estate in order to
conduct a remedial action only if the
State in which the interest to be
acquired is located provides
assurances, through a contract,
cooperative agreement or otherwise,
that the State will accept transfer of
the interest upon completion of the
remedial action. For purposes of this
paragraph, "completion of the
remedial action" is the point at which
operation and maintenance (O&M)
measures would be initiated pursuant
to § 300.435(f). The State may
accept a transfer of interest at an
earlier point in time if agreed upon in
writing by the State and EPA. Indian
tribe assurances are to be provided as
set out at 40 CFR part 35, subpart O,
§35.6110(b)(2).
§ 300,515 Requirements for state
involvement in remedial and
enforcement response.
(a) General. (1) States are
encouraged to undertake actions
authorized under subpart E. Section
104(d)( 1) of CERCLA authorizes
EPA to enter into cooperative
agreements or contracts with a state,
political subdivision, or a federally
recognized Indian tribe to carry out
Fund-financed response actions
authorized under CERCLA, when
EPA determines that the state, the
political subdivision, or federally
recognized Indian tribe has the
capability to undertake such actions.
EPA will use a cooperative
agreement to transfer funds to those
entities to undertake Fund-financed
response activities. The requirements
for states, political subdivisions, or
Indian tribes to receive funds as a
lead or support agency for response
are addressed at 40 CFR part 35,
subpart O.
(2) For EPA-lead Fund-financed
remedial planning activities,
including, but not limited to, remedial
investigations, feasibility studies, and
remedial designs, the state agenc\
acceptance of the support agency role
during an EPA-lead response shall be
documented in a letter, SMOA, or
cooperative agreement. Superfiind
state contracts are unnecessary for
this puipose.
(3) Cooperative agreements and
Superfiind state contracts are only
appropriate for non-Fund-fmanced
response actions if a state intends to
seek credit for remedial action
expenses under § 300.510.
(b) Indian tribe involvement during
response. To be afl'ordod
substantially the same treatment as
states under section 104 of CERCLA,
the governing body of the Indian tribe
must:
(1) Be federally recognized; and
(2) Have a tribal governing body
that is currently performing
governmental functions to promote
the health, safety, and welfare of the
affected population or to protect the
environment within a defined
geographic area; and
(3) Have jurisdiction over a site at
which Fund-financed response,
including pre-remedial activities, is
contemplated.
(c) State involvement in PA/SI and
National Priorities List process. EPA
shall ensure state involvement in the
listing and deletion process by
providing states opportunities for
review, consultation, or concurrence
specified in this section.
(1) EPA shall consult with states as
appropriate on the information to be
used in developing HRS scores for
releases.
(2) EPA shall, to the extent feasible,
provide the state 30 working days to
review releases which were scored
by EPA and which will be considered
for placement on the National
Priorities List (NPL).
(3) EPA shall provide the state 30
working days to review and concur
on the Notice of Intent to Delete a
release from the NPL. Section
300.425 describes the EPA/state
consultation and concurrence process
for deleting releases from the NPL.
(d) State involvement in RI/FS
process. A key component of the
EPA/state partnership shall be the
communication of potential federal
and state ARARs and, as appropriate,
other pertinent advisories, criteria, or
guidance to be considered (TBCs).
(1) In accordance with §§
300.400(g) and 300.430, the lead
and support agencies shall identify
their respective potential ARARs and
communicate them to each other in a
timely manner, i.e., no later than the
early stages of the comparative
analysis described in §
300.430(e)(9), such that sufficient
time is available for the lead agency
to consider and incorporate all
potential ARARs without inordinate
delays and duplication of effort. The
lead and support agencies may also
identify TBCs and communicate them
in a timely manner.
(2) When a state and EPA have
entered into a SMOA, the SMOA
may specify a consultation process
which requires the lead agency to
solicit potential ARARs at specified
points in the remedial planning and
remedy selection processes. At a
minimum, the SMOA shall include
the points specified in §
300.515(h)(2). The SMOA shall
specify timeframes for support
agency response to lead agency
requests to ensure that potential
ARARs are identified and
communicated in a timely manner.
Such timeframes must also be
documented in site-specific
agreements. The SMOA may also
discuss identification and
communication of TBCs.
(3) If EPA in its statement of a
proposed plan intends to waive any
state-identified ARARs, or does not
agree with the state that a certain
state standard is an AJRAR, it shall
formally notify the state when it
submits the RI/FS report for state
review or responds to the state's
submission of the RI/FS report.
(4) EPA shall respond to state
comments on waivers from or
disagreements about state ARARs, as
well as the preferred alternative when
making the RI/FS report and
proposed plan available for public
comment.
(e) State involvement in selection of
remedy. (1) Both EPA and the state
shall be involved in preliminary
discussions of the alternatives
addressed in the FS prior to
preparation of the proposed plan and
ROD. At the conclusion of the RI/FS,
the lead agency, in conjunction with
the support agency, shall develop a
proposed plan. The support agency
shall have an opportunity to comment
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 56
on the plan. The lead agency shall
publish a notice of availability of the
RI/FS report and a brief analysis of
the proposed plan pursuant to §
300.430(e) and (I)- Included in the
proposed plan shall be a statement
that the lead and support agencies
have reached agreement or, where
this is not the case, a statement
explaining the concerns of the
support agency with the lead agency's
proposed plan. The state may not
publish a proposed plan that EPA has
not approved..EPA may assume the
lead from the state if agreement
cannot be reached.
(2)(i) EPA and the state shall
identify, at least annually, sites for
which RODs will be prepared during
the next fiscal year, in accordance
with § 300.515(h)(1). For all
EPA-lead sites, EPA shall prepare
the ROD and provide the state an
opportunity to concur with the
recommended remedy. For
Fund-financed state-lead sites, EPA
and the state shalf designate sites, in
a site-specific agreement, for which
the state shall prepare the ROD and
seek EPA's concurrence and adoption
of the remedy specified therein, and
sites for which EPA shall prepare the
ROD and seek the state's
concurrence. EPA and the state may
designate sites for which the state
shall prepare the ROD for
non-Fund-fmanced state-lead
enforcement response actions (i.e.,
actions taken under state law) at an
NPL site. The state may seek EPA's
concurrence in the remedy specified
therein. Either EPA or the state may
choose not to designate a site as
state-lead.
(ii) State concurrence on a ROD is
not a prerequisite to EPA's selecting
a remedy, i.e., signing a ROD, nor is
EPA's concurrence a prerequisite to a
state's selecting a remedy at a
non-Fund-financed state-lead
enforcement site under state law.
Unless EPA's Assistant
Administrator for Solid Waste and
Emergency Response or Regional
Administrator concurs in writing
with a state-prepared ROD, EPA
shall not be deemed to have
approved the state decision. A state
may not proceed with a
Fund-financed response action unless
EPA has first concurred in and
adopted the ROD. Section
300.510(a) specifies limitations on
EPA's proceeding with a remedial
action without state assurances.
(iii) The lead agency shall provide
the support agency with a copy of the
signed ROD for remedial actions to
be conducted pursuant to CERCLA.
(iv) On state-lead sites identified for
EPA concurrence, the state generally
shall be expected to maintain its lead
agency status through the completion
of the remedial action.
(f) Enhancement of remedy. (1) A
state may ask EPA to make changes
in or expansions of a remedial action
selected under subpart E.
(1) If EPA finds that the proposed
change or expansion is necessary and
appropriate to the EPA-selected
remedial action, the remedy may be
modified (consistent with §
300.435(c)(2)) and any additional
costs paid as part of the remedial
action.
(ii) If EPA finds that the proposed
change or expansion is not necessary
to the selected remedial action, but
would not conflict or be inconsistent
with the EPA-selected remedy, EPA
may agree to integrate the proposed
change or expansion into the planned
CERCLA remedial work if:
(A) The state agrees to fund the
entire additional cost associated with
the change or expansion; and
(B) The state agrees to assume the
lead for supervising the state-funded
component of the remedy or, if EPA
determines that the state-funded
component cannot be conducted as a
separate phase or activity, for
supervising the remedial design and
construction of the entire remedy.
(2) Where a state does not concur in
a remedial action secured by EPA
under CERCLA section 106, and the
state desires to have the remedial
action conform to an ARAR that has
been waived under §
300,430(1)( 1 )(ii)(C), a state may
seek to have that remedial action so
conform, in accordance with the
procedures set out in CERCLA
section 121(f)(2).
(g) State involvement in remedial
design/remedial action. The extent
and nature of state involvement
during remedial design and remedial
action shall be specified in
sitc-specific cooperative agreements
or Supcrfund state contracts,
consistent with 40 CFR part 35,
subpart O. For Fund-financed
remedial actions, the lead and -
support agencies shall conduct a joint
inspection at the conclusion of
construction of the remedial action to
determine that the remedy has been
constructed in accordance with the
ROD and with the remedial design,
(h) Requirements for state
involvement in absence of SMOA. In
the absence of a SMOA, EPA and the
state shall comply with the
requirements in § 300.515(h). If the
SMOA does not address all of the
requirements specified in §
300.515(h), EPA and the state shall
comply with any unaddressed
requirements in that section.
(1) Annual consultations. EPA shall
conduct consultations with states at
least annually to establish priorities
and identify and document in writing
the lead for remedial and
enforcement response for each NPL
site within the state for the upcoming
fiscal year. States shall be given the
opportunity to participate in
long-term planning efforts for
remedial and enforcement response
during these annual consultations.
(2) Identification of ARARs and
TBCs. The lead and support agencies
shall discuss potential ARARs during
the scoping of the RI/FS. The lead
agency shall request potential
ARARs from the support agency no
later than the time that the site
characterization data are available.
The support agency shall
communicate in writing those
potential ARARs to the lead agency
within 30 working days of receipt of
the lead agency request for these
ARARs. The lead and support
agencies may also discuss and
communicate other pertinent
advisories, criteria, or guidance to be
considered (TBCs). After the initial
screening of alternatives has been
completed but prior to initiation of
the comparative analysis conducted
during the detailed analysis phase of
the FS, the lead agency shall request
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 57
that the support agency communicate
any additional requirements that are
applicable or relevant and
appropriate to the alternatives
contemplated within 30 working days
of receipt of this request. The lead
agency shall thereafter consult the
support agency to ensure that
identified ARARs and TBCs are
updated as appropriate.
(3) Support agency review of lead
agency documents. The lead agency
shall provide the support agency an
opportunity to review and comment
on the RI/FS, proposed plan, ROD,
and remedial design, and any
proposed determinations on potential
ARARs and TBCs. The support
agency shall have a minimum of 10
working days and a maximum of 15
working days to provide comments to
the lead agency on the RI/FS, ROD,
ARAR/TBC determinations, and
remedial design. The support agency
shall have a minimum of five
working days and a maximum of 10
working days to comment on the
proposed plan.
(i) Administrative record
requirements. The state, where it is
the lead agency for a Fund-financed
site, shall compile and maintain the
administrative record for selection of
a response action under subpart I of
this part unless specified otherwise in
the SMOA.
§ 300.520 State involvement in
EPA-lead enforcement
negotiations.
(a) EPA shall notify states of
response action negotiations to be
conducted by EPA with potentially
responsible parties during each fiscal
year.
(b) The state must notify EPA of
such negotiations in which it intends
to participate.
(c) The state is not foreclosed from
signing a consent decree if it does not
participate substantially in the
negotiations.
§ 300.525 State involvement in
removal actions.
(a) States may undertake
Fund-fmanced removal actions
pursuant to a cooperative agreement
with EPA. State-lead removal actions
taken pursuant to cooperative
agreements must be conducted in
accordance with § 300.415 on
removal actions, and 40 CFR part 35,
subpart O.
(b) States are not required under
section 104(c)(3) ol'CERCLA to
share in the cost of a Fund-financed
removal action, unless the removal is
conducted at an NPL site that was
operated by a state or political
subdivision at the time of disposal of
hazardous substances therein and a
Fund-financed remedial action is
ultimately undertaken at the site. In
this situation, states are required to
share, 50 percent or greater, in the
cost of all removal (including
remedial planning) and remedial
action costs at the time of the
remedial action.
(c) States are encouraged to provide
for post-removal site control as
discussed in § 300.415(k) for all
Fund-financed removal actions.
(d) States shall be responsible for
identifying potential state ARARs for
all Fund-financed removal actions
and for providing such ARARs to
EPA in a timely manner for all
EPA-lead removal actions.
(e) EPA shall consult with a state on
all removal actions to be conducted
in that state.
Subpart G-Trustces for Natural
Resources
§ 300.600 Designation of federal
trustees.
(a) The President is required to
designate in the NCP those federal
officials who are to act on behalf of
the public as trustees for natural
resources. Federal officials so
designated will act pursuant to
section 107(0 of CERCLA, section
311 (1)(5) of the CWA, and section
1006 of the OPA. Natural resources
means land, fish, wildlife, biota, air,
water, ground water, drinking water
supplies, and other such resources
belonging to, managed by, held in
trust by, appertaining to, or otherwise
controlled (hereinafter referred to as
'' managed or controlled") by the
United States (including the
resources of the exclusive economic
zone).
(b) The following individuals shall
be the designated trustee(s) for
general categories of natural
resources, including their supporting
ecosystems. They are authorized to
act pursuant to section 107(0 of
CERCLA, section 311 (0(5) of the
CWA, or section 1006 of the OPA
when there is injury to, destruction
of, loss of, or threat to natural
resources, including their supporting
ecosystems, as a result of a release of
a hazardous substance or a discharge
of oil. Notwithstanding the other
designations in this section, the
Secretaries of Commerce and the
Interior shall act as trustees of those
resources subject to their respective
management or control.
(1) Secretary of Commerce. The
Secretary of Commerce shall act as
trustee for natural resources managed
or controlled by DOC and for natural
resources managed or controlled by
other federal agencies and that are
found in, under, or using waters
navigable by deep draft vessels,
tidally influenced waters, or waters of
the contiguous zone, the exclusive
economic zone, and the outer
continental shelf. However, before
the Secretary takes an action with
respect to an affected resource under
the management or control of another
federal agency, he shall, whenever
practicable, seek to obtain the
concurrence of that other federal
agency. Examples of the Secretary's
trusteeship include the following
natural resources and their
supporting ecosystems: marine
fishery resources; anadromous fish;
endangered species and marine
mammals; and the resources of
National Marine Sanctuaries and
National Estuarine Research
Reserves.
(2) Secretary- of the Interior. The
Secretary of the Interior shall act as
trustee for natural resources managed
or controlled by the DOI. Examples
of the Secretary's trusteeship include
the following natural resources and
their supporting ecosystems:
migratory birds; anadromous fish;
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 58
endangered species and marine
mammals; federally owned minerals;
and certain federally managed water
resources. The Secretary of the
Interior shall also be trustee for those
natural resources for which an Indian
tribe would otherwise act as trustee
in those cases where the United
States acts on behalf of the Indian
tribe,
(3) Secretary for the land managing
agency. For natural resources located
on, over, or under land administered
by the United States, the trustee shall
be the head of the department in
which the land managing agency is
found. The trustees for the principal
federal land managing agencies are
the Secretaries of DOl, USD A,
DOD, and DOE.
(4) Head of authorized agencies.
For natural resources located in the
United States but not otherwise
described in this section, the trustee
shall be the head of the federal
agency or agencies authorized to
manage or control those resources.
§ 300.605 State trustees.
State trustees shall act on behalf of
the public as trustees for natural
resources, including their supporting
ecosystems, within the boundary of a
state or belonging to, managed by,
controlled by, or appertaining to such
state. For the purposes of subpart C*
of this part, the definition of the term
state" does not include Indian
tribes. The governor of a state is
encouraged to designate a state lead
trustee to coordinate all state trustee
responsibilities with other trustee
agencies and with response activities
of the RRT and OSC. The state's lead
trustee would designate a
representative to serve as contact
with the OSC. This individual should
have ready access to appropriate
state officials with environmental
protection, emergency response, and
natural resource responsibilities. The
EPA Administrator or USCG
Commandant or their designees may
appoint the state lead trustee as a
member of the Area Committee.
Response strategies should be
coordinated between the state and
other trustees and the OSC for
specific natural resource locations in
an inland or coastal zone and should
be included in the Fish and Wild!;rc
and Sensitive Environments Plar,
annex of the ACP.
§300.610 Indian tribes.
The tribal chairmen (or heads of the
governing bodies) of Indian tribes, as
defined in § 300.5, or a person
designated by the tribal officials,
shall act on behalf of the Indian tribes
as trustees lor the natural resources,
including their supporting
ecosystems, belonging to, managed
by, controlled by, or appertaining to
such Indian tribe, or held in trust for
the benefit of such Indian tribe, or
belonging to a member of such
Indian tribe, if such resources are
subject to a trust restriction on
alienation. When the tribal chairman
or head of the tribal governing body
designates another person as trustee,
the tribal chairman or head of the
tribal governing body shall notify the
President of such designation. Such
officials are authorized to act when
there is injury to, destruction of, loss
of, or threat to natural resources,
including their supporting
ecosystems as a result of a release of
a hazardous substance.
§ 300.612 Foreign trustees.
Pursuant to section 1006 of the
OPA, foreign trustees shall act on
behalf of the head of a foreign
government as trustees for natural
resources belonging to, managed by,
controlled by, or appertaining to such
foreign government.
§300.615 Responsibilities of
trustees.
(a) Where there are multiple
trustees, because of coexisting or
contiguous natural resources or
concurrent jurisdictions, they should
coordinate and cooperate in carrying
out these responsibilities.
(b) Trustees are responsible for
designating to the RRTs and the Area
Committees, for inclusion in the RCP
and the ACP, appropriate contacts to
receive notifications from the
OSCs/RPMs of discharges or
releases.
(c)(1) Upon notification or
discovery of injury to, destruction of,
loss of, or threat to natural resources,
trustees may, pursuant to section
107(f) of CERCLA, or section
311 (f)(5) of the CWA, take the
following or other actions as
appropriate:
(1) Conduct a preliminary survey of
the area affected by the discharge or
release to determine if trust resources
under their jurisdiction are, or
potentially may be, affected;
(ii) Cooperate with the OSC/RPM
in coordinating assessments,
investigations, and planning;
(iii) Carry out damage assessments;
or
(iv) Devise and cany out a plan for
restoration, rehabilitation,
replacement, or acquisition of
equivalent natural resources. In
assessing damages to natural
resources, the federal, state, and
Indian tribe trustees have the option
of following the procedures for
natural resource damage assessments
located at 43 CFR part
11.
(2) Upon notification or discovery
of injury to, destruction of, loss of, or
loss of use of, natural resources, or
the potential for such, resulting from
a discharge of oil occurring after
August 18, 1990, the trustees,
pursuant to section 1006 of the OPA,
are to take the following actions:
(i) In accordance with OPA section
1006(c), determine the need for
assessment of natural resource
damages, collect data necessary for a
potential damage assessment, and,
where appropriate, assess damages to
natural resources under their
trusteeship; and
(ii) As appropriate, and subject to
the public participation requirements
of OPA section 1006(c), develop and
implement a plan for the restoration,
rehabilitation, replacement, or
acquisition of the equivalent, of the
natural resources under their
trusteeship;
(3)(i) The trustees, consistent with
procedures specified in the Fish and
Wildlife and Sensitive Environments
Plan Annex to the Area Contingency
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp59
Plan, shall provide timely advice on
recommended actions concerning .
trustee resources that are potentially
affected by a discharge of oil. This
may include providing assistance to
the OSC in
identifying/recommending
pre-approved response techniques
and in predesignating shoreline types
and areas in ACPs.
(ii) The trustees shall assure,
through the lead administrative
trustee, that the OSC is informed of
their activities regarding natural
resource damage assessment that
may affect response operations in
order to assure coordination and
minimize any interference with such
operations. The trustees shall assure,
through the lead administrative
trustee, that all data from the natural
resource damage assessment
activities that may support more
effective operational decisions are
provided in a timely manner to the
OSC,
(iii) When circumstances permit,
the OSC shall share the use of federal
response resources (including but not
limited to aircraft, vessels, and
booms to contain and remove
discharged oil) with the trustees,
providing trustee activities do not
interfere with response actions. The
lead administrative trustee facilitates
effective and efficient communication
between the OSC and the other
trustees during response operations
and is responsible for applying to the
OSC for non-monetary federal
response resources on behalf of al!
trustees. The lead administrative
trustee is also responsible for
applying to the NPFC for funding for
initiation of damage assessment for
injuries to natural resources.
(d) The authority of federal trustees
includes, but is not limited to the
following actions:
(1) Requesting that the Attorney
General seek compensation from the
responsible parties for the damages
assessed and for the costs of an
assessment and of restoration
planning; and
(2) Participating in negotiations
between the United States and
potentially responsible parties to
obtain PRP-fmanced or
PRP-conducted assessments and
restorations for injured resources or
protection for threatened resources
and to agree to covenants not to sue,
where appropriate.
(3) Requiring, in consultation with
the lead agency, any person to
comply with the requirements of
CERCLA section 104(e) regarding
information gathering and access.
(4) Initiating damage assessments,
as provided in OPA section 6002.
(e) Actions which may be taken by
any trustee pursuant to section 107(f)
of CERCLA, section 311 (0(5) of the
C WA, or section 1006 of the OPA
include, but are not limited to, any of
the following:
(1) Requesting that an authorized
agency issue an administrative order
or pursue injunctive relief against the
parties responsible for the discharge
or release; or
(2) Requesting that the lead agency
remove, or arrange for the removal
of, or provide for remedial action
with respect to, any oil or hazardous
substances from a contaminated
medium pursuant to section 104 of
CERCLA or section 311 of CWA.
Subpart H-Participation by Other
Persons
§ 300.700 Activities by other
persons,
(a) General. Except as provided
(e.g., in CWA section 311(c)), any
person may undertake a response
action to reduce or eliminate a
release of a hazardous substance,
pollutant, or contaminant.
(b) Summary of CERCLA
authorities. The mechanisms
available to recover the costs of
response actions under CERCLA are,
in summary:
(1) Section 107(a), wherein any
person may receive a court award of
his or her response costs, plus
interest, from the party or parties
found to be liable;
(2) Section 111(a)(2), wherein a
private party, a PRP pursuant to a
settlement agreement, or certain
foreign entities may file a claim
against the Fund for reimbursement
of response costs;
(3) Section 106(b), wherein any
person who has complied with a
section 106(a) order may petition the
Fund for reimbursement of
reasonable costs, plus interest; and
(4) Section 123, wherein a general
purpose unit of local government
may apply to the Fund under 40 CFR
part 310 for reimbursement of the
costs of temporary emergency
measures that are necessary to
prevent or mitigate injury to human
health or the environment associated
with a release.
(c) Section 107(a) cost recovery
actions. (1) Responsible parties shall
be liable for all response costs
incuiTcd by the United States
government or a state or an Indian
tribe not inconsistent with the NCP.
(2) Responsible parties shall be
liable for necessary costs of response
actions to releases of hazardous
substances incurred by any other
person consistent with the NCP.
(3) For the purpose of cost
recovery under section 107(a)(4)(B)
of CERCLA:
(i) A private party response action
will be considered "consistent with
the NCP" if the action, when
evaluated as a whole, is in substantial
compliance with the applicable
requirements in paragraphs (5) and
(6) of this section, and results in a
CERCLA-quality cleanup; and
(ii) Any response action carried out
in compliance with the terms of an
order issued by EPA pursuant to
section 106 of CERCLA, or a
consent decree entered into pursuant
to section 122 of CERCLA, will be
considered'' consistent with the
NCP."
(4) Actions under § 300.700(c)(1)
will not be considered *' inconsistent
with the NCP," and actions under §
300.700(c)(2) will not be considered
not "consistent with the NCP," based
on immaterial or insubstantial
deviations from the provisions of 40
CFR part 300.
(5) The following provisions of this
Part are potentially applicable to
private party response actions:
(i) Section 300.150 (on worker
health and safety);
(ii) Section 300.160 (on
documentation and cost recovery);
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 60
(iii) Section 300.400(c)(1), (4),
(5), and <7) (on determining the need
for a Fund-financed action); (e) (on
permit requirements) except that the
permit waiver does not apply to
private party response actions; and
(g) (on identification of ARARs)
except that applicable requirements
of federal or state law may not be
waived by a private party;
(iv) Section 300.405(b), (c), and
(d) (on reports of releases to the
NRC);
(v) Section 300.410 (on removal
site evaluation) except paragraphs
(f)(5) and (6);
(vi) Section 300.415 (on removal
actions) except paragraphs
(a)(2), (b)(2)(vii), (b)(5), and (g);
and including § 300.415(j) with
regard to meeting ARARs where
practicable except that private party
removal actions must always comply
with the requirements of applicable
law;
(vii) Section 300.420 (on remedia1
site evaluation);
(viii) Section 300.430 (on RI/FS
and selection of remedy) except
paragraph (f)(l )(ii)(C)(6) and that
applicable requirements of federal or
state law may not be waived by a
private party, and
(ix) Section 300.435 (on KD/RA
and operation and maintenance).
(6) Private parties undertaking
response actions should provide an
opportunity for public comment
concerning the selection of the
response action based on the
provisions set out below, or based on
substantially equivalent state and
local requirements. The following
provisions of this part regarding
public participation are potentially
applicable to private party response
actions, with the exception of
administrative record and
information repository requirements
stated therein:
(i) Section 300.155 (on public
information and community
relations);
(ii) Section 300.415(n) (on
community relations during removal
actions);
(iii) Section 300.430(c) (on
community relations during RI/FS)
except paragraph (c)(5);
(iv) Section 300.430(0(2), (3), and
(6) (on community relations during
selection of remedy); and
(v) Section 300.435(c) (on
community relations during RD/RA
and operation and maintenance),
(7) When selecting the appropriate
remedial action, the methods of
remedying releases listed in
Appendix D of this part may also be
appropriate to a private party
response action.
(8) Except for actions taken
pursuant to CERCLA sections 104 or
106 or response actions for which
reimbursement from the Fund will be
sought, any action to be taken by the
lead agency listed in paragraphs
(c)(5) through (c)(7) may be taken by
the person carrying out the response
action.
(d) Section 111 (a)(2) claims. (I)
Persons, other than those listed in
paragraphs (d)(1) (i) through (iii) of
this section, may be able to receive
reimbursement of response costs by
means of a claim against the Fund.
The categories of persons excluded
from pursuing this claims authority
are:
(1) Federal government;
(ii) State governments, and their
political subdivisions, unless they are
potentially responsible parties
covered by an order or consent
decree pursuant to section 122 of
CERCLA; and
(iii) Persons operating under a
procurement contract or an assistance
agreement with the United States
with respect to matters covered by
that contract or assistance agreement,
unless specifically provided therein.
(2) In order to be reimbursed by the
Fund, an eligible person must notify
the Administrator of EPA or designee
prior to taking a response action and
receive prior approval, i.e.,
preauthorization," for such action.
(3) Preauthorization is EPA's prior
approval to submit a claim against
the Fund for necessary response costs
incurred as a result of carrying out
the NCP. All applications for
preauthorization will be reviewed to
determine whether the request should
receive priority for funding. EPA, in
its discretion, may grant
preauthorization of a claim.
Preauthorization will be considered
only for:
(i) Removal actions pursuant to §
300.415,
(ii) CERCLA section 104(b)
activities; and
(iii) Remedial actions at National
Priorities List sites pursuant to-§
300.435.
(4) To receive EPA's prior
approval, the eligible person must:
(i) Demonstrate technical and other
capabilities to respond safely and
effectively to releases of hazardous
substances, pollutants, or
contaminants; and
(ii) Establish that the action will be
consistent with the NCP in
accordance with the elements set
forth in paragraphs (c) (5) through
(8) of this section.
(5) EPA will grant preauthorization
to a claim by a party it determines to
be potentially liable under section
107 of CERCLA only in accordance
with an order issued pursuant to
section 106 of CERCLA, or a
settlement with the federal
government in accordance with
section 122 of CERCLA.
(6) Preauthorization does not
establish an enforceable contractual
relationship between EPA and the
claimant.
(7) Preauthorization represents
EPA's commitment that if funds are
appropriated for response actions, the
response action is conducted in
accordance with the preauthorization
decision document, and costs are
reasonable and necessary,
reimbursement will be made from the
Superfund, up to the maximum
amount provided in the
preauthorization decision document.
(8) For a claim to be awarded
under section 111 of CERCLA, EPA
must certify that the costs were
necessary and consistent with the
preauthorization decision document.
(e) Section 106(b) petition. Subject
to conditions specified in CERCLA
section 106(b), any person who has
complied with an order issued after
October 16,1986 pursuant to section
106(a) of CERCLA, may seek
reimbursement for response costs
incurred in complying with that order
unless the person has waived that
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 61
right.
(f) Section 123 reimbursement to
local governments. Any general
purpose unit of local government for
a political subdivision that is affected
by a release may receive
reimbursement for the costs of
temporary emergency measures
necessary to prevent or mitigate
injury to human health or the
environment subject to the conditions
set forth in 40 CFR part 310. Such
reimbursement may not exceed
$25,000 for a single response.
(g) Release From Liability.
Implementation of response
measures by potentially responsible
parties or by any other person does
not release those parties from liability
under section 107(a) of CERCLA,
except as provided in a settlement
under section 122 of CERCLA or a
federal court judgment.
(h) Oil Pollution Act Claims.
Claims are authorized to be
presented to the OSLTF under
section 1013 of the OP A, for certain
uncompensated removal costs or
uncompensated damages resulting
from the discharge, or substantial
threat of discharge, of oil from a
vessel or facility into or upon the
navigable waters, adjoining
shorelines, or exclusive economic
zone of the United States. Anyone
desiring to file a claim against the
OSLTF may obtain general
information on the procedure for
filing a claim from the Director,
National Pollution Funds Center,
Suite 1000,4200 Wilson Boulevard,
Arlington, Virginia 22203-1804,
(703) 235-4756.
Subpart I-Administrativc Record
for Selection of Response Action
Source: 55 FR 8859, Mar. 8,1990,
unless otherwise noted.
§ 300.800 Establishment of an
administrative record.
(a) General requirement. The lead
agency shall establish an
administrative record that contains
the documents that form the basis for
the selection of a response action.
The lead agency shall compile and
maintain the administrative record in
accordance with this subpart.
(b) Administrative records for
federal facilities.
(1) If a federal agency other than
EPA is the lead agency for a federal
facility, the federal agency shall
compile and maintain the
administrative record for the
selection of the response action for
that facility in accordance with this
subpart. EPA may furnish documents
which the federal agency shall place
in the administrative record file to
ensure that the administrative record
includes all documents that form the
basis for the selection of the response
action.
(2) EPA or the U.S. Coast Guard
shall compile and maintain the
administrative record when it is the
lead agency for a federal facility.
(3) If EPA is involved in the
selection of the response action at a
federal facility on the NPL, the
federal agency acting as the lead
agency shall provide EPA with a
copy of the index of documents
included in the administrative record
file, the RI/FS workplan, the RI/FS
released for public comment, the
proposed plan, any public comments
received on the RI/FS and proposed
plan, and any other documents EPA
may request on a case-by-case basis.
(c) Administrative record for
state-lead sites. If a state is the lead
agency for a site, the state shall
compile and maintain the
administrative record for the
selection of the response action for
that site in accordance with this
subpart. EPA may require the state to
place additional documents in the
administrative record file to ensure
that the administrative record
includes all documents which fonm
the basis for the selection of the
response action. The state shall
provide EPA with a copy of the index
of documents included in the
administrative record file, the RI/FS
workplan, the RI/FS released for
public comment, the proposed plan,
any public comments received on the
RI/FS and proposed plan, and any
other documents EPA may request on
a case-by-ease basis.
(d) Applicability. This subpart
applies to all response actions taken
under section 104 of CERCLA or
sought, secured, or ordered
administratively or judicially under
section 106 of CERCLA, as follows:
(1) Remedial actions where the
remedial investigation commenced
after the promulgation of these
regulations; and
(2) Removal actions where the
action memorandum is signed after
the promulgation of these regulations.
(e) For those response actions not
included in paragraph (d) of this
section, the lead agency shall comply
with this subpart to the extent
practicable.
§ 300.805 Location of the
administrative record file.
(a) The lead agency shall establish a
docket at an office of the lead agency
or other central location at which
documents included in the
administrative record file shall be
located and a copy of the documents
included in the administrative record
file shall also be made available for
public inspection at or near the site at
issue, except as provided below:
(1) Sampling and testing data,
quality control and quality assurance
documentation, and chain of custody
forms, need not be located at or near
the site at issue or at the central
location, provided that the index to
the administrative record file
indicates the location and availability
of this information.
(2) Guidance documents not
generated specifically for the site at
issue need not be located at or near
the site at issue, provided that they
are maintained at the central location
and the index to the administrative
record file indicates the location and
availability of these guidance
documents.
(3) Publicly available technical
literature not generated for the site at
issue, such as engineering textbooks,
articles from technical journals, and
toxicological profiles, need not be
located at or near the site at issue or
at the central location, provided that
the literature is listed in the index to
the administrative record file or the
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 62
literature is cited in a document in the
record, -
(4) Documents included in the
confidential portion of the
administrative record file shall be
located only in the centra! location.
(5) The administrative record for a
removal action where the release or
threat of release requires that on-site
removal activities be initiated within
hours of the lead agency's
determination that a removal is
appropriate and on-site removal
activities cease within 30 days of
initiation, need be available for
public inspection only at the central
location.
(b) Where documents are placed in
the central location but not in the file
located at or near the site, such
documents shall be added to the file
located at or near the site upon
request, except for documents
included in paragraph (a)(4) of this
section.
(c) The lead agency may make the
administrative record file available to
the public'in microform.
§300.810 Contents of the
administrative record file.
(a) Contents. The administrative
record file for selection of a response
action typically, but not in all cases,
will contain the following types of
documents:
(1) Documents containing factual
information, data and analysis of the
factual information, and data that may
form a basis for the selection of a
response action. Such documents
may include verified sampling data,
quality control and quality assurance
documentation, chain of custody
forms, site inspection reports,
preliminary assessment and site
evaluation reports, ATSDR health
assessments, documents supporting
the lead agency's determination of
imminent and substantial
endangerment, public health
evaluations, and technical and
engineering evaluations. In addition,
for remedial actions, such documents
may include approved workplans for
the remedial investigation/feasibility
study, state documentation of
applicable or relevant and
appropriate requirements, and the
RI/FS;
(2) Guidari documents, technical
literature, ana site-specific policy
memoranda that may form a basis for
the selection of the response action.
Such documents may include
guidance on conducting remedial
investigations and feasibility studies,
guidance on detenmining applicable
or relevant and appropriate
requirements, guidance on
risk/exposure assessments,
engineering handbooks, articles from
technical journals, memoranda on the
application of a specific regulation to
a site, and memoranda on off-site
disposal capacity;
(3) Documents received, published,
or made available to the public under
§ 300.815 for remedial actions, or §
300.820 for removal actions. Such
documents may include notice of
availability of the administrative
record file, community relations plan,
proposed plan for remedial action,
notices of public comment periods,
public comments and information
received by the lead agency, and
responses to significant comments;
(4) Decision documents. Such
documents may include action
memoranda and records of decision;
(5) Enforcement orders. Such
documents may include
administrative orders and consent
decrees; and
(6) An index of the documents
included in the administrative record
file. If documents are customarily
grouped together, as with sampling
data chain of custody documents, they
may be listed as a group in the index
to the administrative record file.
(b) Documents not included in the
administrative record file. The iead
agency is not required to include
documents in the administrative
record file which do not form a basis
for the selection of the response
action. Such documents include but
are not limited to draft documents,
internal memoranda, and day-to-day
notes of staff unless such documents
contain information that forms the
basis of selection of the response
action and the information is not
included in any other document in the
administrative record file.
(c) Privileged documents.
Privileged documents shall not be
included in the record file except as
provided in paragraph (d) of this
section or where such privilege is
waived. Privileged documents
include but are not limited to
documents subj ect to the
attorney-client, attorney work
product, deliberative process, or
other applicable privilege.
(d) Confidential file. If information
which forms the basis for the
selection of a response action is
included only in a document
containing confidential or privileged
information and is not otherwise
available to the public, the
information, to the extent feasible,
shall be summarized in such a way as
to make it disclosable and the
summary shall be placed in the
publicly available portion of the
administrative record file. The
confidential or privileged document
itself shall be placed in the
confidential portion of the
administrative record file. If ••
information, such as confidential
business information, cannot be
summarized in a disclosable manner,
the information shall be placed only
in the confidential portion of the
administrative record file. All
documents contained in the
confidential portion of the
administrative record file shall be
listed in the index to the file.
§ 300.815 Administrative record
file for a remedial action.
(a) The administrative record file
lor the selection of a remedial action
shall be made available for public
inspection at the commencement of
the remedial investigation phase. At
such time, the lead agency shall
publish in a major local newspaper of
general circulation a notice of the
availability of the administrative
record file.
(b) The lead agency shall provide a
public comment period as specified
in § 300.430(0(3) so that interested
persons may submit comments on the
selection of the remedial action for
inclusion in the administrative record
file. The lead agency is encouraged to
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp63
consider and respond as appropriate
to significant comments that were
submitted prior to the public
comment period. A written response
to significant comments submitted
during the public comment period
shall be included in the
administrative record file.
(c) The lead agency shall comply
with the public participation
procedures required in §
300.430(f)(3) and shall document
such compliance in the
administrative record.
(d) Documents generated or
received after the record of decision
is signed shall be added to the
administrative record file only as
provided in § 300.825.
§ 300.820 Administrative record
file for a removal action.
(a) If, based on the site evaluation,
the lead agency determines that a
removal action is appropriate and
that a planning period of at least six
months exists before on-site removal
activities must be initiated:
(1) The administrative record file
shall be made available for public
inspection when the engineering
evaluation/cost analysis (EE/CA) is
made available for public comment.
At such time, the lead agency shall
publish in a major local newspaper of
general circulation a notice of the
availability of the administrative
record file.
(2) The lead agency shall provide a
public comment period as specified
in § 300.415 so that interested
persons may submit comments on the
selection of the removal action for
inclusion in the administrative record
file. The lead agency is encouraged '.o
consider and respond, as appropriate,
to significant comments that were
submitted prior to the public
comment period. A written response
to significant comments submitted
during the public comment period
shall be included in the
administrative record file.
(3) The lead agency shall comply
with the public participation
procedures of § 300.415(m) and
shall document compliance with §
300.415(m)(3)(i) through (iii) in the
administrative record file.
(4) Documents generated or
received alter the decision document
is signed shall be added to the
administrative record file only as
provided in § 300.825.
(b) For all removal actions not
included in paragraph (a) of this
section;
(1) Documents included in the
administrative record file shall be
made available for public inspection
no later than 60 days after initiation
of on-site removal activity. At such
time, the lead agency shall publish in
a major local newspaper of general
circulation a notice of availability of
the administrative record file.
(2) The lead agency shall, as
appropriate, provide a public
comment period of not less than 30
days beginning at the time the
administrative record file is made
available to the public. The lead
agency is encouraged to consider and
respond, as appropriate, to significant
comments that were submitted prior
to the public comment period. A
written response to significant •
comments submitted during the
public comment period shall be
included in the administrative
record file.
(3) Documents generated or
received after the decision document
is signed shall be added to the
administrative record file only as
provided in § 300.825.
§ 300.825 Record requirements
after the decision document is
signed.
(a) The lead agency may add
documents to the administrative
record file after the decision
document selecting the response
action has been signed if:
(1) The documents concern a
portion of a response action decision
that the decision document does not
address or reserves to be decided at a
later date, or
(2) An explanation of significant
differences required by § 300.435(c),
or an amended decision document is
issued, in which case, the explanation
of significant differences or amended
decision document and all documents
that form the basis for the decision to
modify the response action shall be
added to the administrative record
file.
(b) The lead agency may hold
additional public comment periods or
extend the time for the submission of
public comment after a decision
document has been signed on any
issues concerning selection of the
response action. Such comment shall
be limited to the issues for which the
lead agency has requested additional
comment. All additional comments
submitted during such comment
periods that are responsive to the
request, and any response to these
comments, along with documents
supporting the request and any final
decision with respect to the issue,
shall be placed in the administrative
record file.
(c) The lead agency is required to
consider comments submittal by
interested persons after the close of
the public comment period only to
the extent that the comments contain
significant information not contained
elsewhere in the administrative
record file which could not have been
submitted during the public comment
period and which substantially
support the need to significantly alter
the response action. All such
comments and any responses thereto
shall be placed in the administrative
record file.
Subpart J-Use of Dispersants and
Other Chemicals
§ 300.900 General.
(a) Section 311 (d)(2)(G) of the
CWA requires that EPA prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
This subpart makes provisions for
such a schedule.
(b) This subpart applies to the
navigable waters of the United States
and adjoining shorelines, the waters
of the contiguous zone, and the high
seas beyond the contiguous zone in
connection with activities under the
Outer Continental Shelf Lands Act,
activities under the Deepwater Port
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40CFR300 NATIONAL. OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 64
Act of 1974, or activities that may
affect natural resources belonging to,
appertaining to, or under the
exclusive management authority of
the United States, including
resources under the Magnuson
Fishery Conservation and
Management Act of 1976.
(c) This subpart applies to the use
of any chemical agents or other
additives as defined in subpart A of
this part that may be used to remove
or control oil discharges,
§300.905 NCP Product
Schedule.
(a) Oil Discharges. (1) EPA shall
maintain a schedule of dispersants
and other chemical or bioremediation
products that may be authorized for
use on oil discharges in accordance
with the procedures set forth in §
300.910. This schedule, called the
NCP Product Schedule, may be
obtained from the Emergency
Response Division (5202-G), U.S.
Environmental Protection Agency,
401 M Street, SW„ Washington, DC
20460. The telephone number is
1 -202-260-2342. (2) Products may
be added to the NCP Product
Schedule by the process specified in
§ 300.920.
(b) Hazardous Substance Releases.
[Reserved]
§300.910 Authorization of use.
(a) RRTs and Area Committees
shall address, as part of their
planning activities, the desirability of
using appropriate dispersants,
surface washing agents, surface
collecting agents, bioremediation
agents, or miscellaneous oil spill
control agents listed on the NCP
Product Schedule, and the
desirability of using appropriate
burning agents. RCPs and ACPs
shall, as appropriate, include
applicable preauthorization plans and
address the specific contexts in which
such products should and should not
be used. In meeting the provisions cf
this paragraph, preauthorization
plans may address factors such as the
potential sources and types of oil that
might be spilled, the existence and
location of environmentally sensitive
resources that might be impacted by
spilled oil, available product and
storage locations, avail ible
equipment and adequately trained
operators, and the available means to
monitor product application and
effectiveness. The RRT
representatives from EPA and the
states with jurisdiction over the
waters of the area to which a
preauthorization plan applies and the
DOC and DOI natural resource
trustees shall review and either
approve, disapprove, or approve with
modific .tion the preauthorization
plans developed by Area
Committees, as appropriate.
Approved preauthorization plans
shall be included in the appropriate
RCPs and ACPs. If the RRT
representatives from EPA and the
states with jurisdiction over the
waters of the area to which a
preauthorization plan applies and the
DOC and DOI natural resource
trustees approve in advance the use
of certain products under specified
circumstances as described in the
preauthorization plan, the OSC may
authorize the use of the products
without obtaining the specific
concurrences described in
paragraphs (b) and (c) of this section.
(b) For spill situations that are not
addressed by the preauthorization
plans developed pursuant to
paragraph (a) of this section, the
OSC, with the concurrence of the
EPA representative to the RRT and,
as appropriate, the concurrence of the
RRT representatives from the states
with jurisdiction over the navigable
waters threatened by the release or
discharge, and in consultation with
the DOC and DOI natural resource
trustees, when practicable, may
authorize the use of dispersants,
surface washing agents, surface
collecting agents, bioremediation
agents, or miscellaneous oil spill
control agents on the oil discharge,
provided that the products are listed
on the NCP Product Schedule.
(c) The OSC, with the concurrence
of the EPA representative to the RRT
and, as appropriate, the concurrence
of the RRT representatives from the
states with jurisdiction over the
navigable waters threatened by the
release or discharge, and in
consultation with the DOC and DOI
natural resource trustees, when
practicable, may authorize the use of
burning agents on a case-by-case
basis.
(d) The OSC may authorize-the use
of any dispersant, surface washing
agent, surface collecting agent, other
chemical agent, burning agent,
bioremediation agent, or
miscellaneous oil spill control agent,
including products not listed on the
NCP Product Schedule, without
obtaining the concurrence of the EPA
representative to the RRT and, as
appropriate, the RRT representatives
from the states with jurisdiction over
the navigable waters threatened by
the release or discharge, when, in the
judgment of the OSC, the use of the
product is necessary to prevent or
substantially reduce a hazard to
human life. Whenever the OSC
authorizes the use of a product
pursuant to this paragraph, the OSC
is to inform the EPA RRT
representative and, as appropriate,
the RRT representatives from the
affected states and, when practicable,
the DOC/DOI natural resources
trustees of the use of a product,
including products not on the
Schedule, as soon as possible. Once
the threat to human life has subsided,
the continued use of a product shall
be in accordance with paragraphs (a),
(b), and (c) of this section.
(e) Sinking agents shall not be
authorized for application to oil
discharges.
(f) When developing
preauthorization plans, RRTs may
require the performance of
supplementary toxicity and
effectiveness testing of products, in
addition to the test methods specified
in § 300.915 and described in
Appendix C to part 300, due to
existing site-specific or area-specific
concerns.
§300.915 Data requirements.
(a) Dispersants. (1) Name, brand,
or trademark, if any, under which the
dispersant is sold.
(2) Name, address, and telephone
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 65
number of the manufacturer,
importer, or vendor,
(3) Name, address, and telephone
number of primary distributors or
sales outlets.
(4) Special handling and worker
precautions for storage and field
application. Maximum and minimum
storage temperatures, to include
optimum ranges as well as
temperatures that will cause phase
separations, chemical changes, or
other alterations to the effectiveness
of the product.
(5) Shelf life.
(6) Recommended application
procedures, concentrations, and
conditions for use depending upon
water salinity, water temperature,
types and ages of the pollutants, and
any other application restrictions.
(7) Effectiveness. Use the Swirling
Flask effectiveness test methods
described in Appendix C to part 300.
Manufacturers shall submit test
results and supporting data, along
with a certification signed by
responsible corporate officials of the
manufacturer and laboratory stating
that the test was conducted on a
representative product sample, the
testing was conducted using
generally accepted laboratory
practices, and they believe the results
to be accurate. A dispersant must
attain an effectiveness value of 45
percent or greater to be added to the
NCP Product Schedule.
Manufacturers are encouraged to
provide data on product performance
under conditions other than those
captured by these tests.
(8) Dispersant Toxicity. For those
dispersants that meet the
effectiveness threshold described in
paragraph (a)(7) above, use the
standard toxicity test methods
described in Appendix C to part 300.
Manufacturers shall submit test
results and supporting data, along
with a certification signed by
responsible corporate officials of the
manufacturer and laboratory stating
that the test was conducted on a
representative product sample, the
testing was conducted using
generally accepted laboratory
practices, and they believe the resulrs
to be accurate.
(9) The following data
requirements incorporate by
reference standards from the 1991 or
1992 Annual Books of ASTM
Standards. American Society for
Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania
19103. This incorporation by
reference was approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and
1 CFR part 51.(1}
| {1} Copies of these standards
may be obtained from the publisher.
Copies may be inspected at the U.S.
Environmental Protection Agency,
401 M St., SW,, Room LG,
Washington, DC, or at the Office of
the Federal Register, 1100 L Street,
NW„ Room 8401, Washington, DC
20408.
(i) Flash Point-Select appropriate
method from the following:
(A) ASTM-D 56-87, "Standard
Test Method for Flash Point by Tag
Closed Tester;"
(B) ASTM-D 92-90,'' Standard
Test Method for Flash and Fire
Points by Cleveland Open Cup;"
(C) ASTM-D 93-90, "Standard
Test Methods for Mash Point by
Pensky-Martens Closed Tester;"
(D) ASTM-D 1310-86, *1 Standard
Test Method for Flash Point and Fire
Point of Liquids by Tag Open-Cup
Apparatus;" or
(E) ASTM-D 3278-89, "Standard
Test Methods for Flash Point of
Liquids by Setaflash Closed-Cup
Apparatus."
(ii) Pour Point-Use ASTM-D
97-87,'' Standard Test Method for
Pour Point of Petroleum Oils."
(iii) Viscosity-Use ASTM-D
445-88, "Standard Test Method for
Kinematic Viscosity of Transparent
and Opaque Liquids (and the
Calculation of Dynamic Viscosity)."
(iv) Specific Gravity-Use ASTM-D
1298-85(90), "Standard Test
Method for Density, Relative Density
(Specific Gravity), or API Gravity of
Crude Petroleum and Liquid
Petroleum Products by Hydrometer
Method."
(v) ph'-Use ASTM-D
1293-84(90), "Standard Test
Methods for pH of Water."
(10) Dispersing Agent
Components. Itemize by chemical
name and percentage by weight each
component of the total formulation.
The percentages will include
maximum, minimum, and average
weights in order to reflect quality
control variations in manufacture or
formulation. In addition to the-
chemical information provided in
response to the first two sentences,
identify the major components in at
least the following categories: surface
active agents, solvents, and additives.
(11) Heavy Metals, Cyanide, and
Chlorinated Hydrocarbons. Using
standard test procedures, state the
concentrations or upper limits of the
following materials:
(i) Arsenic, cadmium, chromium,
copper, lead, mercury, nickel, zinc,
plus any other metals that may be
reasonably expected to be in the
sample. Atomic absorption methods
should be used and the detailed
analytical methods and sample
preparation shall be fully described.
(ii) Cyanide. Standard calorimetric
procedures should be used. -
(iii) Chlorinated hydrocarbons. Gas
chromatography should be used and
the detailed analytical methods and
sample preparation shall be fully
described. At a minimum, the
following test methods shall be used
for chlorinated hydrocarbon analyses:
EPA Method 601 -Purgeable
halocarbons (Standard Method 6230
B) and EPA Method
608-Organochlorine pesticides and
PCBs (Standard Method 6630
C).{2}
| {2} These test methods may
be obtained from: Standard Methods
for the Examination of Water and
Wastewater,
17th Edition, American Public
Health Association, 1989; or Method
601 -Purgeable halocarbons, 40 CFR
part 136 and Method
608-Organochlorine pesticide and
PCBs, 40 CFR part 136. Copies may
be inspected at the U.S.
Environmental Protection Agency,
401 M St., SW., Room LG,
Washington, DC, or at the Office of
the Federal Register, 1100 L Street,
NW„ Room 8401, Washington, DC
20408.
(12) The technical product data
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 66
submission shall include the identity
of the laboratory that performed the.
required tests, the qualif1 cations of
the laboratory staff, inc.. ding
professional biographical informaticn
for individuals responsible for any
tests, and laboratory experience with
similar tests. Laboratories performing
toxicity tests for dispersant toxicity
must demonstrate previous toxicity
test experience in order for their
results to be accepted. It is the
responsibility of the submitter to
select competent analytical
laboratories based on the guidelines
contained herein. EPA reserves the
right to refuse to accept a submission
of technical product data because of
lack of qualification of the analytical
laboratory, significant variance
between submitted data and any
laboratory confirmation performed by
EPA, or other circumstances that
would result in inadequate or
inaccurate information on the
dispersing agent.
(b) Surface washing agents.
(1) Name, brand, or trademark, if
any, under which the surface washing
agent is sold.
(2) Name, address, and telephone
number of the manufacturer,
importer, or vendor.
(3) Name, address, and telephone
number of primary distributors or
sales outlets.
(4) Special handling and worker
precautions for storage and field
application. Maximum and minimum
storage temperatures, to include
optimum ranges as well as
temperatures that will cause phase
separations, chemical changes, or
other alterations to the effectiveness
of the product.
(5) Shelf life.
(6) Recommended application
procedures, concentrations, and
conditions for use depending upon
water salinity, water temperature,
types and ages of the pollutants, and
any other application restrictions.
(7) Toxicity. Use standard toxicity
test methods described in Appendix
C to part 300,
(8) Follow the data requirement
specifications in paragraph (a)(9) of
this section.
(9) Surface Washing Agent
Components. Itemize by chemical
name and percentage by weight each
component of the total formulation.
The percentages will include
maximum, minimum, and average
weights in order to reflect quality
control variations in manufacture or
formulation. In addition to the
chemical information provided in
response to the first two sentences,
identify the major components in at
least the following categories; surface
active agents, solvents, and additives.
(10) Heavy Metals, Cyanide, and
Chlorinated Hydrocarbons. Follow
specifications in paragraph (a)(l 1) of
this section.
(11) Analytical Laboratory
Requirements for Technical Product
Data. Follow specifications in
paragraph (a)(l 2) of this section.
(c) Surface collecting agents. (1)
Name, brand, or trademark, if any,
under which the product is sold.
(2) Name, address, and telephone
number of the manufacturer,
importer, or vendor.
(3) Name, address, and telephone
number of primary distributors or
sales outlets.
(4) Special handling and worker
precautions for storage and field
application. Maximum and minimum
storage temperatures, to include
optimum ranges as well as
temperatures that will cause phase
separations, chemical changes, or
other alterations to the effectiveness
of the product.
(5) Shelf life.
(6) Recommended application
procedures, concentrations, and
conditions for use depending upon
water salinity, water temperature,
types and ages of the pollutants, and
any other application restrictions.
(7) Toxicity. Use standard toxicity
test methods described in Appendix
C to part 300,
(8) Follow the data requirement
specifications in paragraph (a)(9) of
this section.
(9) l est to Distinguish Between
Surface Collecting Agents and Other
Chemical Agents.
(i) Method Summary-Five
milliliters of the chemical under test
are mixed with 95 milliliters of
distilled water and allowed to stand
undisturbed for one hour. Then the
volume of the upper phase is
determined to the nearest one
milliliter.
(ii) Apparatus.
(A) Mixing Cylinder: 100 milliliter
subdivisions and fitted with a glass
stopper.
(B) Pipettes: Volumetric pipette,
5.0 milliliter.
(C) Timers.
(iii) Procedure-Add 95 milliliters of
distilled water at 22° C, plus or
minus 3° C, to a 100 milliliter
mixing cylinder. To the surface of the
water in the mixing cylinder, add 5.0
milliliters of the chemical under test
Insert the stopper and invert the
cylinder five times in ten seconds. Set
upright for one hour at 22° C, plus or
minus 3 ° C, and then measure the
chemical layer at the surface of the
water. If the major portion of the
chemical added (75 percent) is at the
water surface as a separate and easily
distinguished layer, the product is a
surface collecting agent.
(10) Surface Collecting Agent
Components. Itemize by chemical
name and percentage by weight each
component of the total formulation.
The percentages should include
maximum, minimum, and average
weights in order to reflect quality
control variations in manufacture or
formulation. In addition to the
chemical information provided in
response to the first two sentences,
identify the major components in at
least the following categories: surface
action agents, solvents, and additives.
(11) Heavy Metals, Cyanide, and
Chlorinated Hydrocarbons. Follow
specifications in paragraph (a)(l 1) of
this section.
(12) Analytical Laboratory
Requirements for Technical Product
Data, Follow specifications in
paragraph (a)(12) of this section.
(d) Bioremediation Agents. (1)
Name, brand, or trademark, if any,
under which the agent is sold.
(2) Name, address, and telephone
number of the manufacturer,
importer, or vendor.
(3) Name, address, and telephone
number of primary distributors or
sales outlets.
(4) Special handling and worker
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 67
precautions for storage and field
application. Maximum and minimum
storage temperatures.
(5) Shelf life.
(6) Recommended application
procedures, concentrations, and
conditions for use depending upon
water salinity, water temperature,
types and ages of the pollutants, and
any other application restrictions.
(7) Bioremediation Agent
Effectiveness. Use bioremediation
agent effectiveness test methods
described in Appendix C to part 300.
(8) Bioremediation Agent Toxicity
[Reserved],
(9) Biological additives.
(i) For microbiological cultures,
furnish the following information:
(A) Listing of each component of
the total formulation, other than
microorganisms, by chemical name
and percentage by weight.
(B) Listing of all microorganisms
by species.
(C) Percentage of each species in
the composition of the additive.
(D) Optimum pH, temperature, and
salinity ranges for use of the additive,
and maximum and minimum pH,
temperature, and salinity levels above
or below which the effectiveness of
the additive is reduced to half its
optimum capacity.
(E) Special nutrient requirements,
if any.
(F) Separate listing of the
following, and test methods for such
determinations: Salmonella, fecal
coliform, Shigella, Staphylococcus
Coagulase positive, and Beta
Hemolytic Streptococci.
(ii) For enzyme additives, furnish
the following information:
(A) Listing of each component of
the total formulation, other than
enzymes, by chemical name and
percentage by weight.
(B) Enzyme name(s),
(C) International Union of
Biochemistry (I.U.B.) number(s).
(D) Source of the enzyme.
(E) Units.
(F) Specific Activity.
(G) Optimum pH, temperature, and
salinity ranges for use of the additive,
and maximum and minimum pH,
temperature, and salinity levels above
or below which the effectiveness of
the additive is reduced to half its
optimum capacity.
(H) Enzyme shelf life,
(I) Enzyme optimum storage
conditions.
(10) For nutrient additives, furnish
the following information:
(1) Listing of each component of the
total formulation by chemical name
and percentage by weight.
(11) Nutrient additive optimum
storage conditions.
(11) Anahtical I .a bora ton
Requirements for Technical Product
Data. Follow specifications in
paragraph (a)(12) of this section.
(e) Burning Agents. EPA does not
require technical product data
submissions for burning agents and
does not include burning agents on
the NCP Product Schedule.
(f) Miscellaneous Oil Spill Control
Agents. (1) Name, brand, or
trademark, if any, under which the
miscellaneous oil spill control agent
is sold,
(2) Name, address, and telephone
number of the manufacturer,
importer, or vendor.
(3) Name, address, and telephone
number of primary distributors or
sales outlets.
(4) Brief description of
recommended uses of the product
and how the product works.
(5) Special handling and worker
precautions for storage and field
application. Maximum and minimum
storage temperatures, to include
optimum ranges as well as
temperatures that will cause phase
separations, chemical changes, or
other alternatives to the effectiveness
of the product.
(6) Shelf life.
(7) Recommended application
procedures, concentrations, and
conditions for use depending upon
water salinity, water temperature,
types and ages of the pollutants, and
any other application restrictions.
(8) Toxicity. Use standard toxicity
test methods described in Appendix
C to part 300.
(9) Follow the data requirement
specifications in paragraph (a)(9) of
this section.
(10) Miscellaneous Oil Spill
Control Agent Components. Itemize
by chemical name and percentage by
weight each component of the total
formulation. The percentages should
include maximum, minimum, and
average weights in order to reflect
quality control variations in
manufacture or formulation. In
addition to the chemical information
provided in response to the first two
sentences, identify the major
components in at least the following
categories: surface active agents,
solvents, and additives.
(11) Heavy Metals, Cyanide, and
Chlorinated Hydrocarbons. Follow
specifications in paragraph (a)(l 1) of
this section.
(12) For any miscellaneous oil spill
control agent that contains
microbiological cultures, enzyme
additives, or nutrient additives,
furnish the information specified in
paragraphs (d)(9) and (d)(10) of this
section, as appropriate.
(13) Analytical Laboratory-
Requirements for Technical Product
Data. Follow specifications in
paragraph (a)(12) of this section.
(g) Sorbents. (1) Sorbent material
may consist of, but is not limited to,
the following materials:
(1) Organic products-
(A) Peat moss or straw;
(B) Cellulose fibers or cork;
(C) Corn cobs;
(D) Chicken, duck, or other bird
leathers.
(ii) Mineral compounds-
(A) Volcanic ash or perlite;
(B) Vermiculite or zeolite.
(iii) Synthetic products-
(A) Polypropylene;
(B) Polyethylene;
(C) Polyurethane;
(D) Polyester.
(2) EPA. does not require technical
product data submissions for
sorbents and does not include
sorbents on the NCP Product
Schedule.
(3) Manufacturers that produce
sorbent materials that consist of
materials other than those listed in
paragraph (g)(1) of this section shall
submit to EPA the technical product
data specified for miscellaneous oil
spill control agents in paragraph (f)
of this section and EPA will consider
listing those products on the NCP
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40 CFR 300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 68
Product Schedule under the
miscellaneous oil spill control agent
category. EPA will inform the
submitter in writing, within 60 days
of the receipt of technical product
data, of its decision on adding the
product to the Schedule.
(4) Certification. OSCs may
request a written certification from
manufacturers that produce sorbent
materials that consist solely of the
materials listed in paragraph (g)(1) of
this section prior to making a
decision on the use of a particular
sorbent material. The certification at
a minimum shall state that the
sorbent consists solely of the
materials listed in § 300.915(g)(l) of
the NCP. The following statement,
when completed, dated, a. signed
by a sorbent manufacturer, is
sufficient to meet the written
certification requirement:
[SORBENT NAME] is a sorbent
material and consists solely of
the materials listed in §
300.915(g)(1) of the NCP.
(h) Mixed products. Manufacturers
of products that consist of materials
that meet the definitions of two or
more of the product categories
contained on the NCP Product
Schedule shall submit to EPA the
technical product data specified in
this section for each of those product
categories. After review of the
submitted technical product data, and
the performance of required
dispersant effectiveness and toxicity
tests, if appropriate, EPA will make a
determination on whether and under
which category the mixed product
should be listed on the Schedule.
§ 300.920 Addition of products to
Schedule.
(a) Dispersants. (1) To add a
dispersant to the NCP Product
Schedule, submit the technical
product data specified in §
300.915(a) to the Emergency
Response Division (5202-G), U.S.
Environmental Protection Agency,
401 M Street, SW, Washington, DC
20460. A dispersant must attain an
effectiveness value of 45 percent or
greater in order to be added to the
Schedule.
(2) EPA reserves the right to
request further documentation of the
manufacturers' test results. EPA also
reserves the right to verify test results
and consider the results of EPA's
verification testing in determining
whether the dispersant meets listing
criteria. EPA will, within 60 days of
receiving a complete application as
specified in § 300.915(a) of this part,
notify the manufacturer of its decision
to list the product on the Schedule, or
request additional information and/or
a sample of the product in order to
review and/or conduct validation
sampling. If EPA requests additional
information and/or a product sample,
within 60 days of receiving such
additional information or sample,
EPA will then notify the
manufacturer in witing of its _
decision to list or not list the product.
(3) Request for review of decision.
(i) A manufacturer whose product
was determined to be ineligible for
listing on the NCP Product Schedule
may request EPA's Administrator to
review the determination. The
request must be made in writing
within 30 days of receiving
notification of EPA's decision to not
list the dispersant on the Schedule
The request shall contain a clear and
concise statement with supporting
facts and technical analysis
demonstrating that EPA's decision
was incorrect.
(ii) The Administrator or his
designee may request additional
information from the manufacturer,
or from any other person, and may
provide for a conference between
EPA and the manufacturer, if
appropriate. The Administrator or his
designee shall render a decision
within 60 days of receiving the
request, or within 60 days of
receiving requested additional
infoimation, if appropriate, and shall
notify the manufacturer of his
decision in writing.
(b) Surface washing agents, surface
collecting agents, bioremediation
agents, and miscellaneous oil spill
control agents,
(1) To add a surface washing agent,
surface collecting agent,
bioremediation agent, or
miscellaneous oil spill control agent
to the NCP Product Schedule, the
technical product data specified in §
3C .915 must be submitted to the
Errsergency Response Division
(5202-G), U.S. Environmental
Protection Agency, 401 M Street,
SW„ Washington, DC 20460. If EPA
determines that the required data
were submitted, EPA will add the
product to the Schedule.
(2) EPA will inform the submitter
in writing, within 60 days of the
receipt of technical product data, of
its decision on adding the product to
the Schedule.
(c) The submitter may assert that
certain information in the technical
product data submissions, including
technical product data submissions
for sorbents pursuant to §
300.915(g)(3), is confidential
business information. EPA will
handle such claims pursuant to the
provisions in 40 CFR part 2, subpart
B. Such information must be
submitted separately from
non-confidential information, clearly
identified, and clearly marked-
"Confidential Business Information."
If the submitter fails to make such a
claim at the time of submittal, EPA
may make the information available
to the public without further notice.
(d) The submitter must notify EPA
of any changes in the composition,
formulation, or application of the
dispersant, surface washing agent,
surface collecting agent,
bioremediation agent, or
miscellaneous oil spill control agent.
On the basis of this data, EPA may
require retesting of the product if the
change is likely to affect the
effectiveness or toxicity of the
product.
(e) The listing of a product on the
NCP Product Schedule does not
constitute approval of the product. To
avoid possible misinterpretation or
misrepresentation, any label,
advertisement, or technical literature
that refers to the placement of the
product on the NCP Product
Schedule must either reproduce in its
entirety EPA's written statement that
it will add the product to the NCP
Product Schedule under §
300.920(a)(2) or (b)(2), or include
the disclaimer shown below. If the
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40CFR300 NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN pp 69
disclaimer is used, it must be
conspicuous and must be folly
reproduced. Failure to comply with
these restrictions or any other
improper attempt to demonstrate the
approval of the product by any NRT
or other U.S. Government agency
shall constitute grounds for removing
the product from the NCP Product
Schedule.
DISCLAIMER
PRODUCT NAME] is on the U.S.
Environmental Protection Agency's
NCP Product Schedule. This listing
does NOT mean that EPA
approves, recommends, licenses,
certifies, or authorizes the use of
[PRODUCT NAME] on an oil
discharge. This listing means only
that data have been submitted to EPA
as required by subpart J of the
National Contingency Plan, §
300.915.
Subpart K-Federal
Facilities-Preserved]
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Appendix H
Federal Response Plan
Region 7
Emergency Support Function 10
Hazardous Materials
Supplement
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TABLE OF CONTENTS
)
I. INTRODUCTION 1
A. PURPOSE 1
B. STRUCTURE OF THE SUPPLEMENT 2
C. SCOPE OF THE SUPPLEMENT 3
D. RELATION TO EXISTING RESPONSE AUTHORITIES UNDER THE NCP AND
THE REGIONAL RESPONSE TEAM 3
II. POLICIES 3
A. GENERAL 3
B. NCP/FRERP 4
C. MULTI-STATE RESPONSE ACTIONS 4
D. ESF #10 REGIONAL CHAIR AND VICE-CHAIR 4
E. BOUNDARY AGREEMENTS . 4
F. SUPPORT AGENCIES 4
III. SITUATION 5
A. DISASTER CONDITIONS . 5
B. PLANNING ASSUMPTIONS 6
IV. CONCEPT OF OPERATIONS 7
A. SCOPE 7
B. ORGANIZATION 9
C. NOTIFICATION 10
D. RESPONSE ACTION 11
V. AGENCY RESPONSIBILITIES 16
A. PRIMARY AGENCY: ENVIRONMENTAL PROTECTION AGENCY 16
B. SUPPORT AGENCIES 17
C. EPA SUPPORT TO OTHER ESFs 22
VI. RESOURCE REQUIREMENTS 24
A. GENERAL 24
B. FRERP 24
C. ASSETS CRITICAL FOR THE INITIAL 12 HOURS 24
D. ASSETS REQUIRED FOR CONTINUING OPERATIONS 26
E. RESPONSE RESOURCES 27
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Appendix H FRP-ESF # 10 Hazardous Materials Supplement
Page 1
I. INTRODUCTION
The Federal Response Plan (FRP) was developed to address a natural, human, or technological
disaster, or emergency situation in which there is a need for Federal response assistance. Public
Law 93-288, as amended Public Law 100-707 and retitled the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, provides the authority for the Federal government to respond to
disasters and emergencies in order to provide assistance to save lives and protect public health,
safety, and property. It is applicable to natural disasters such as earthquakes, floods, snow
storms, and tornadoes, and technological emergencies involving radiological or hazardous
substances releases; and other incidents requiring Federal assistance. To facilitate Federal
assistance, the FRP employs a functional approach to group the assistance a state is most likely to
require into 12 Emergency Support Functions (ESFs). The Environmental Protection Agency
(EPA) has primary response authority for ESF #10 - Hazardous Materials.
The magnitude of some disasters inevitably will overwhelm the capabilities of the State and local
response agencies. Upon activation of the FRP, Federal resources will be used to respond to
hazardous materials emergencies in support of the State and local governments.
This Supplement to EMERGENCY SUPPORT FUNCTION 10 (ESF #10) of the FRP describes
the procedures to be used for response to discharges of oil or release of hazardous materials by
the EPA and other assigned Federal support agencies in Federal Region 7, and radiological
emergencies by the Department of Energy. These procedures provide the framework for
responding to any major disaster resulting from either natural, human, or technologically caused
events for which the FRP is invoked, and contains the guidance necessary for implementing and
maintaining on-site operations.
This supplement outlines the organizational structure, policies, concept of operations, and
procedural guidelines for implementing ESF #10 within Federal Region 7. It also describes the
authorities, responsibilities, procedures, and resources to be used by the participating agencies
under the FRP. As a supplement to Annex #10 of the FRP, it provides guidance and procedures
for disaster response operations only within Federal Region 7. It therefore relies heavily upon
Annex 10 and the FRP to provide the framework and operational procedures under which this
supplement will be implemented.
A. PURPOSE
The purpose of this supplement is to provide for a coordinated response by ESF #10 Primary
and Support Agencies in the event of a major disaster requiring activation of the FRP in Federal
Region 7. Under the FRP, EPA has been tasked to coordinate the Federal response to
hazardous materials releases in support of state and local government, and to coordinate
• information provided to the Federal Coordinating Officer (FCO). This supplement promotes the
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Appendix H
FRP-ESF #10 Hazardous Materials Supplement
Page 2
coordination of regional, state, and local response actions and augments the material in ESF #10
Hazardous Materials Annex to the FRP. It is written in accordance with the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP, 40 CFR 300) and the Federal
Radiological Emergency Response Plan (FRERP); Federal Register, 50 FR 46542 (Nov 8y
1985), and also derives its authority through the Federal Water Pollution Control Act (33
U.S.C. 1251, et seq) and the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA 42 U.S.C. 9601).
The underlying purpose of this supplement is to provide the organizational structure and
operational guidance for implementing the response systems developed under the NCP and
FRERP for Federal Region 7.
B STRUCTURE QF the SUPPLEMENT
Becausethis is the Federal Region 7 supplement to the ESF #10 Annex to the FRP, it relies
upon the Annex and the FRP for overlying guidance and direction. The Federal response to
releases of "hazardous materials" as defined under the FRP, is however, carried out under
separate and distinct Federal plans:
The National Oil and Hazardous Substances Pollution Contingency Plan, which provides for
Federal responses to discharges of oil and releases of hazardous substances (chemical, toxic,
pollution and contaminant), and;
The Federal Radiological Emergency Response Plan (FRERP) (FR 46542), which provides for
Federal response to peacetime radiological emergencies.
To utilize the Federal programs represented by these plans, this supplement is structured to
serve as the vehicle for conducting Federal response actions within the overall context of the
Annex to the FRP.
Many aspects of emergency response are common to both the NCP and FRERP; however there
are response components unique to each. Therefore, the response operations that support ESF
#10 activities have been divided into sections that outline each plan's applicability:
GENERAL: This section discusses the response elements and/or information common to both
plans and their respective programs.
NCP/Oii and Hazardous Substances: This section discusses the response elements and/or
information relevant to the NCP.
FRERP/Radioloeical Materials: This section discusses the response elements and/or
information relevant to the FRERP.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 3
C. SCOPE OF THE SUPPLEMENT
The scope of this supplement is consistent with that of the ESF #10 Annex to the FRP and is
applicable only to the conduct of disaster response operations within Federal Region 7.
NCP/Oil and Hazardous Substances
The provisions of the NCP, as augmented by the Regional Integrated Contingency
Plan(RICP), apply to all Federal agencies responding under this FRP.
FRERP/Radiological Materials
Actual or potential releases of radiological materials are the responsibility of a Lead Federal
Agency (LFA) established under the FRERP. A Lead Federal Agency Official (LFAO) will be
designated to coordinate on-site response actions under the FRERP and to provide
information to the FCO. The Region 7 ESF #10 Chair has the primary responsibility for
coordinating and supporting LFA response actions within the scope of ESF #10.
D. RELATION TO EXISTING RESPONSE AUTHORITIES UNDER THE NCP AND THE
REGIONAL RESPONSE TEAM
The occurrence of a major disaster with multiple discharges and/or releases of hazardous
materials will invoke the FRP and activate the ESF #10 Annex to the FRP. Under this ESF, the
Regional Response Team (RRT) will support response activities throughout the affected area in
accordance with the NCP/RICP. Under the direction of Federal On-Scene Coordinators
(FOSCs), actions will be taken to contain, control and mitigate the effects of actual or potential
discharges and/or releases of hazardous materials. ESF #10, under the FRP, will provide the
bridge for coordinating NCP/RICP, directed response with disaster response actions being
conducted under other ESF's. ESF #10 also will be the intermediary through which assistance
may be provided to or acquired from other ESFs to support the overall response operations.
II. POLICIES
A. GENERAL
State and local governments have first line responsibility for the health and safety of the
citizenry. Under major disaster conditions where state and local governments' capabilities to
respond have been surpassed, the Federal government will provide support and assistance based
upon state-identified needs and priorities.
When the FRP has been invoked and ESF #10 activated for response, this supplement will serve
to provide overall coordination for Federal response activities associated with oil discharges and
hazardous materials releases within Federal Region 7.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 4
To the extent possible under disaster conditions, response actions taken under ESF #10 will not
compromise the EPA Region 7's ability to respond to routine emergencies under the NCP
and/or the FRERP.
B. NCP/FRERP
The NCP serves as the basis for planning and utilization of Federal resources for responding to
releases or threats of releases of oil and hazardous substances. Response action under this ESF
#10 will follow the policies, procedures, directives and guidance developed to carry out the
provisions of the NCP. The FRERP serves as the basis for planning and utilization of Federal
resources responding to peacetime radiological emergencies. This supplement to the ESF will
provide overall management and coordination of NCP/FRERP directed response actions within
Federal Region 7. It will also provide the means for coordination of response operations with
ESF's.
C. MULTI-STATE RESPONSE ACTIONS
If a disaster affects more than one state within Federal Region 7, this supplement will organize
and manage concurrent response operations in each affected state. It will be responsible for
allocation of resources among the affected states, and for assuring that timely effective response
actions are properly coordinated and conducted.
D. ESF #10 REGIONAL CHAIR AND VICE-CHAIR
The EPA co-chair of the Federal Region 7 RRT will chair the Regional ESF #10. The U.S.
Coast Guard (USCG) co-chair to the RRT may serve as vice-chair for the ESF #10, and would
assist EPA in carrying out the management and conduct of preparedness and response activities
for the ESF.
E. BOUNDARY AGREEMENTS
The USCG and EPA have entered into a Memorandum of Understanding (MOU) which
delineates the geographical areas of responsibilities, for predesignated Federal On-Scene
Coordinators (FOSCs) for pollution responses pursuant to the National Contingency Plan
(NCP). Specific jurisdictional agreements and predesignated OSC responsibilities are contained
in the Region 7 RICP.
F. SUPPORT AGENCIES
In accordance with the assignment of responsibilities in this supplement, support agencies will
provide resources and support in response to or threat of a discharge of oil; release of
hazardous substances, and/or radiological materials. Figure 1 lists the support agencies for ESF
#10.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 5
To the extent possible, each support agency's representative to ESF #10 should be the Agency's
primary or alternate member on the RRT; otherwise, the representative should be a qualified
managerial person from their respective department or agency with the authority to speak for their
organization. The representative should be fully conversant on the policies and procedures of the
NCP and is to maintain close coordination with the ESF #10 for both planning and response
operations.
III. SITUATION
Under normal dat-to-day situations, state and local governments are capable of responding to
hazardous materials emergencies. When more significant incidents or disastrous events occur,
mechanisms are available to provide Federal support to state and local governments to protect
human health, property and the environment.
A. DISASTER CONDITIONS
Federal Region 7 comprises four states that contain's approximately ten percent of the area of
the continental United States. Contained within or adjacent to regional boundaries is one major
seismic risk area, the New Madrid Fault, a minor seismic area, the Nemaha-Humboldt Fault; and
some of the most active tornado and flood areas in the country. An event originating from any
of these sources has the potential to produce a disaster of sufficient magnitude to require
Federal response support.
Located throughout the region are a multiplicity of fixed industrial facilities, federal installations,
and transportation centers that produce, store, or in some manner handle a host of hazardous
materials. A disaster, either natural, human, or technological in origin, affecting any number of
such facilities could produce major consequences to the surrounding populace, property, or the
environment. Circumstances could quickly overwhelm the capacity for response by state and
local governments, thereby requiring Federal support to supplement response.
1. Most of the concentrated population areas within the region are intermingled with
industrialized zones containing numerous chemical production, handling, or storage facilities,
oil refineries, and transportation corridors.
2. Most inland navigation corridors are vulnerable to accidental release of hazardous materials
in major proportions. Major river transfer facilities, pipeline crossings, and river lock and dam
sites are the most likely sites for major events. Many of these are found near or upstream of
environmentally sensitive areas.
3. Fixed transmission systems such as natural gas and petrochemical pipelines, pose major
hazards if their integrity is breached. Many of these systems also span environmentally
sensitive areas. The northeast portion of the U. S. could also be severely impacted by
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 6
disruption of major transmission lines that begin in hydrocarbon production areas and serve
populations in the Midwest and Northeast.
4. Regional planning described in this supplement is based on a "major disaster" scenario for
the occurrence of a natural, technological or human disaster as could reasonably be expected
to occur within an individual state within the region.
5. Local government is responsible for maintaining information/data concerning hazardous
materials within its respective jurisdiction, as per the Local Emergency Planning Commissions
(LEPCs) (SARA Title HI, Sec. 312). Local government is also responsible for first response
and the safety and welfare of its constituents to the extent of its resources and capability.
Local government and/or local industry should immediately notify the appropriate state
agency of an impending or existing major event. It is then the state's responsibility to
determine whether the event is beyond the state's capabilities to control and whether to
request Federal assistance.
B. PLANNING ASSUMPTIONS
1. The occurrence of a major event, either natural, human, or technological in origin, will
present a "major disaster" scenario for discharge and/or release of hazardous materials. This
would involve multiple releases of maximum quantities of materials affecting large populations
and environmentally sensitive areas.
2. Under major disaster onditions, state and local governments will be unable to meet the
response needs required to assess, monitor, control, clean up and dispose of hazardous
materials released into the environment.
3. During the period immediately following a major disaster, a Presidential declaration will be
made and ESF #10 may be activated for deployment to the affected state. In the absence of
an immediate declaration, response actions will be activated under the existing authorities
(CERCLA, C.W.A.).
4. Communications and surface transportation into and out of impacted areas may be severely
limited initially, necessitating immediate air and/or marine support for deploying response
teams into the impacted zones.
5. The first response actions will be directed toward saving lives and protecting property.
These efforts will be according to pre-assigned missions and response to state and local
government needs as they can be identified.
6. Within 72 to 96 hours of the events occurrence, disaster conditions should be sufficiently
stabilized to allow response efforts to be directed toward site containment and control,
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 7
prevention of further damage, and initiation of cleanup and disposal. Depending on the nature
of the hazardous materials released, such actions could continue for weeks or months. The
duration of this phase of response operations will depend largely on external factors, such as
infrastructure damage, support demands from other ESFs, and availability of qualified -
manpower, supplies and equipment.
IV. CONCEPT OF OPERATIONS
A. SCOPE
1. General
a) The goal of Federal Region 7's Supplement to ESF #10 is to promote an efficient,
coordinated, and effective response to actual or potential discharges of oil or releases of
hazardous materials into the environment. This supplement identifies support for hazardous
materials mitigation, cleanup, and disposal to supplement state and local governmental
emergency response upon the occurrence of a major event, whether of natural, human, or
technological origin.
b) Federal response actions conducted under this ESF will be closely coordinated with state
and local governmental officials, and will be submitted by local jurisdictions through the
designated state counterpart to the ESF #10 Chair for action. Assistance will be provided
by the ESF to the state, or at the state's request, directly to an affected local jurisdiction.
Response priorities will be based on available damage information and established through
mutual agreement between Federal, state, and local agency officials.
c) ESF #10 will coordinate with ESF #5, Information and Planning, to obtain and provide
information on the nature and magnitude of hazardous materials releases into or threatening
the environment. Close coordination and exchange of information also will be maintained
with other ESFs throughout the response period.
d) Support agency representatives to ESF #10 will maintain close coordination with their
agencies at the national and regional levels, and will arrange for the provision of resources
and support for response operations. ESF #10 support agency representatives will provide
advice during the decision-making process to ensure that actions taken and response support
are effective. Support agencies may be requested to provide members to serve on ESF #10
response teams at the Regional Operations Center (ROC), Disaster Field Office (DFO), or
at other organizational levels as requested by the ESF #10 Chair.
e) All activities carried out under this ESF, including meetings, major decisions, and
response actions, will be fully documented. Permanent records will be kept in order to
support overall management or response operations, meet requests for response
information, and to prepare after-action reports.
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Appendix H FRP-ESF # 10 Hazardous Materials Supplement
Page 8
f) As the designated primary agency for the ESF #10 under the FRP, EPA will serve as the
Chair of the ESF #10 and provide overall leadership for response planning and
implementation.
2. NCP/Oil and Hazardous Substances
a) Federal Region 7's Supplement to ESF #10 will adhere to and implement the Federal
response role prescribed in the NCP for hazardous materials incidents. Operational response
subsequent to execution of the NCP, and any agency implementing procedures that
contribute to the response, will be carried out in accordance with the procedural guidance
provided by this Supplement under the auspices of ESF #10, and within the overall
framework of the FRP. It is the ESFs responsibility to ensure that proper response actions
are taken in a timely manner to minimize damages and protect human health, welfare, and
the environment.
b) FOSC's may be provided by the EPA, the U.S. Coast Guard, the Department of Defense
(DOD), and/or the Department of Energy (DOE). It is the responsibility of ESF #10 to
assure that all actions taken by FOSCs are coordinated within the overall context of disaster
response operations so that the best utilization of response resources is attained, and to
assure that overlaps and gaps in response actions are avoided.
3.FRERP/Radiological Materials
a) The Federal Region 7 Supplement to ESF #10 will adhere to and implement the Federal
response, as prescribed in the FRERP for radiological materials incidents. Operational
response subsequent to execution of the FRERP, and procedures implemented by any
agency supporting the response, will be carried out in accordance with the procedural
guidance provided by this supplement under the auspices of ESF #10, and within the overall
framework of the FRP. It is each ESFs responsibility to ensure that proper response actions
are taken in a timely and effective manner to minimize damages and protect human health
and welfare, and the environment.
b) A Lead Federal Agency (LFA) will be designated to carry out response actions for a
disaster involving the release of radiological materials.
Under the FRERP, DOE will serve as LFA for incidents involving releases from DOE-
owned facilities or devices. The Nuclear Regulatory Commission (NRC) will serve as the
LFA for radiological materials emergencies involving NRC-licensed facilities or activities
under the FRERP. The LFA will designate a Lead Federal Agency Official (LFAO) to
coordinate on-scene response operations. The DOE will support the LFA in monitoring and
assessing the radiological situation by establishing a Federal Radiological Monitoring and
Assessment Center (FRMAC) near the incident site.
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c) The LFA will designate an agency representative to ESF #10 at the Disaster Field Office
(DFO) to coordinate FRERP response actions with the ESF #10 Chair. This representative
also will provide status updates and reports on radiological response operations to the
Federal Coordinating Officer (FCO) on behalf of the LFAO. In addition, the ESF #10 Chair
may request that the LFA provide agency representation at other response organization
levels to facilitate overall efficiency and effectiveness in response coordination.
B. ORGANIZATION
1. Regional Level Response Support Structure
General
The general description of the Region 7 response support structure is covered in Section V
of this Supplement.
NCP
a) The ESF #10 Chair will be supported by FOSCs provided by EPA Region 7, and others
as required, for discharges and releases into or threatening land sites; the U.S.C.G. for
discharges or releases into navigable waterways; and by DOD for hazardous substance
releases from DOE-regulated and other Federal facilities.
b) The OSC directs oil and hazardous substance response efforts and coordinates all other
Federal efforts at the scene of a discharge or release. Specific response efforts are noted in
the NCP (40 CFR Part 300) and include actions taken as soon as possible to prevent,
minimize, or mitigate a threat to human health and welfare or the environment.
c) The OSC is supported by a Federal emergency response network that includes the
National Response Team (NRT), RRT, special forces and teams (e.g. National Strike
Force, Environmental Response Team, Scientific Support Coordinators, and contract
Technical Assistance Teams) which can provide technical assistance, advice and other
services, and provide additional contract support for cleanup and disposal of released
materials.
d) The OSC should consult regularly with the ESF #10 staff in carrying out response
activities and will keep the ESF #10 chair informed of response actions.
e) The OSC's activity shall be coordinated through the ESF #10 Chair with other
appropriate Federal, state, local, or private response agencies.
f) DFO locations for states in Region 7 will be determined by FEMA in coordination with
each states Emergency Management Agency.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
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FRERP
g) The LFA Representative to the ESF #10 will support an on-scene Lead Federal Agency
Official (LFAO) who is designated to manage response operations at the site of a
radiological emergency.
h) The DOE lead official at the Federal Radiological Monitoring and Assessment Center
(FRMAC) will regularly inform the DOE representative to ESF #10 of the radiological
monitoring results, and will continue to report to the ESF #10 throughout the emergency
period.
C. NOTIFICATION
Official notification of a Presidential declaration of an emergency invoking the FRP will come to
EPA from FEMA. In the event of a major disaster, Response Teams, from the EPA Region 7
Emergency Response and Removal (ER&R) Branch may have responded to spills reported
through the Spill Line prior to the Presidential declaration. Any response action undertaken
prior to the Presidential declaration will be under the existing authority of the NCP. After the
Presidential declaration and activation of ESF #10, responses will be covered and financed by
specific mission assignments received by ESF # 10, from FEMA, which will coordinate with the
affect state.
From reports to the Spill Line, news media reports and consultations with FEMA, the ESF #10
Chair will be able to remain current as to the probability of activation of ESF #10. The ESF #
10 Chair can alert the potentially affected personnel to the possibility of their being activated.
During such a period the ESF #10 Chair should review the status of OSCs and the various sites
with field activities to determine which OSCs can be made available and time schedules for
providing them. A status board in the ER&R Branch office, maintained daily by office
personnel, would chart OSC availability. This board should have personnel names, site names,
site phone numbers, project status, specifics on material being handled, and vehicles committed
to the sites.
Under the FRP, EPA is responsible for notification of agency personnel, contractors, and
support agencies. Agency personnel will be notified by phone. Messengers and emergency
radios will be used if phones are not functional.
The following ESF #10 staff should be considered for priority notification:
1. Regional EPA Spill Line Duty Officer
2. Advanced Emergency Response Team
3. Regional Operations Center Staff
4. ESF #10 Chairman and Liaison
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
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5. Initial Response teams
The EPA calling list is provided for notification of critical personnel needed during the initial
hours of a disaster response.
* EPA Region 7 Spill Line (913) 236-3778
* EPA Region 7 Operations Center (913) 551-5000
* EPA Region 7 Spill Line Personnel:
* Region 7 START Response Pagers:
Primary (816) 247-8482
Secondary (816) 274-6156
Note: See Directory in Appendix D for additional lists of personnel and contacts.
While some response teams may have been activated under the NCP, full mobilization will not
occur until the Presidential declaration. Upon activation of the FRP, teams will be assembled
and mobilized to the disaster area. If warranted, backup teams shall be assembled and placed on
alert.
D. RESPONSE ACTION
1. Initial Action
General
a) The FRP will be utilized to address requirements specific to a disaster or emergency
situation. Selected ESFs will be activated to support state and local response efforts based
on the nature and scope of the event. The initial gathering point for the ESFs will be the
Regional Operations Center (ROC) located at the FEMA offices 2323 Grand Boulevard,
Kansas City, Missouri. Initial efforts of the ESF #10 staff at the ROC will be aimed at
establishing contact with state ESF #10 counterparts, gathering and disseminating
preliminary damage information, obtaining mission assignments, preparing for potential
Disaster Field Office (DFO) operations, and coordinating early response actions.
As the DFO and Forward Staging Areas (FSAs) become operational, the role of the ROC
will decrease with support activities continuing as needed.
b) Upon notification, the ESF # 10 Chair will begin mobilization and deployment of staff to
the DFO(s) that have been activated by the advance elements of the Emergency Response
Team (ERT). Principal elements of this mobilization will be teams responsible for initial
damage assessment of the impacted zone. DFO site selection will be established at the time
of the event by FEMA from multiple pre-identified potential DFO sites.
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c) Deployment will be accomplished in the following manner; Emergency Response Teams-
Advance would respond to set up interim DFO operations and start initial damage
assessment. Additional ERTs will respond to support DFO and Forward Command Post
(FCP) operations as necessary. Deployment will be accomplished through standard -
transportation routes (air, highway, etc.), if available, or coordinated through ESF #1
(Transportation).
d) Once at the DFO, the ESF #10 Chair or a designated representative will coordinate with
the state and local authorities to ascertain the current conditions. At this time the ESF #10
will become operational and begin implementing response efforts.
NCP/Oil and Hazardous Substances Response
e) Upon determination of actual or potential discharges of oil and releases of hazardous
substances, the ESF #10 Chair will work closely with the OSCs and the ESF #10 support
staff to develop and implement a response strategy. Response teams may conduct aerial
assessments of the affected areas to provide early damage reports to the DFO. This
information will be used to refine response strategies and identify needs for additional
resources and support.
f) All damage assessment actions will be coordinated closely with ESF #5 (Information and
Planning) so as to consolidate and disseminate a maximum amount of reliable damage
information.
g) When the initial damage assessment has been completed, the ESF #10 Chair will develop
a comprehensive response plan and detail needs for operational support and response
resources. Implementation of the plan and marshaling of resources and support will be
accomplished in close coordination with the Federal Coordinating Officer (FCO), state and
local authorities, the ESF #10 support staff, and the National ESF #10. If a catastrophe
requires additional resources, the ESF #10 Region 7 Chair will alert the backup: Region 8
ESF #10. Further backup requests would be presented to the ESF #10 National Chair.
FRERP7 Radiological Materials Response
h) Each of the potential LFAs will assess the damages caused by the event on the facilities
or activities in the affected area(s) over which they have responsibility. If it is determined
that a radiological release is underway or imminent, this information will be provided to all
the FRERP agencies in accordance with the FRERP procedures, the ESF #10 Chair, the
FEMA Regional Office, and the FCO.
2. Continuing Actions
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Upon becoming folly operational and throughout the response period, the ESF #10 Chair will
direct and coordinate response operations as summarized below:
a) Continuing on-scene response operations will be coordinated through ESF #10 and.
conducted in accordance with the NCP and FRERP. Actions possibly taken may include the
following; stabilization of berms, dikes, or impoundments: capping of contaminated soils or
sludge; drainage controls; fences, warning signs, or other security on-site control
precautions; removal of highly contaminated soils from drainage or other areas; removal of
drums, barrels, tanks, or other bulk containers that contain hazardous materials; cleanup of
household hazardous waste; and containment and cleanup of radiological materials.
b) Coordination between field response elements and DFO operations will be channeled
through the ESF #10 Chair. ESF #10 support agency representatives and ESF #10 staff
members will coordinate with their agencies to meet ESF #10 needs for resources and
support.
c) Further definition of" Continuing Actions" may be counterproductive to the
OSC(s)/LFA(s) performance of the prescribed operating procedures as directed by the NCP
(40 CFR 300.135)/FRERP.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
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Position
Function
° ESF #10 Chair Management of
ESF #10 Response
o State Agency Oversee Field
Liaison Activities
Assign Priority
to Projects
° Technical
Staff
° Hazmat
Operations
Chief
° Operations
Team
° Planning
Team Leader
° Planning
Team
o Logistic
Coordinator
° Logistics
Team
o Adminis-
trative
Staff
Advise ESF #10
Oversee Field
Activities
Track Field
Coordinate
Activities with
Logistics/
Operations, Gather
Information
Provide
Documentation,
Review Needs,
Status Board
Assess Needs
Coordinate
Assess Needs,
Track Resources,
Obtain Resources
Payroll, Cost
Documentation,
Word Processing,
Computer,
Communications
ESF #10 STAFF - DFO
Assigned Personnel # of
Personnel
Co-Chair/ 1
ER&R ChiefTERB
Section Chief
Senior OSC/ 1
ERB Section Chief
Coast Guard, EPA,
Chair on Technical
Issues
Senior OSC, ER&R
Section Chief
Assign Priority
to Projects
OSC's, START, RPM,
Activities
Obtain Information
Safety Plans
Damage Assessments
Air, Water, or
Superfund Personnel
Same as Above
or START
OSC, EPA Superfund
Toxics, Water, Etc.
Resources
Same as Above
EPA, START, or
GSA Personnel
1-4
START, OSHA, CDRG,
NOAA, DOE Reps
1
Superfund
2-8
Total 17-23
Personnel
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Appendix H
FRP-ESF #10 Hazardous Materials Supplement
Page 15
FORWARD COMMAND POST
Position
#of
Personnel
Function
* Lead OSC Coordinator
(EPA or START)
* Health and Safety Advisor
* Logistics Coordinator
(1-EPA or START Contractor
1 -EPA or Coast Guard)
* Planning
(EPA/OSC)
* Operation Manager
(START)
* Administrative Support
A. Contract Analyst
B. WP/Clerical
C. Payroll/Accounting
D. Communication
(EPA Regional or START Staff)
* Operation Teams
Two person teams
2-EPA or 1 EPA - 1 START or
1 EPA -1 Coast Guard or 2 START
(Support Teams)
1
FCP ESF #10 Leader
Write Safety Plans (OSHA)
Advise on Health
and Safety issues
Resource Manager
Priority Setting,
Tracking
Documentation
Direct Operations
Track Contract Cost
Word Processing
Cost Analyst
Telephone/Radio/
Computer
Response Activities
* This is an optimum staffing chart for the FCP. Functions under the Incident Command System may be consolidated as
personnel availability allows.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
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V. AGENCY RESPONSIBILITIES
A. PRIMARY AGENCY: ENVIRONMENTAL PROTECTION AGENCY
EPA is the Federal agency assigned primary responsibility to manage and coordinate response
operations carried out under ESF #10. This includes the institutional conduct of response
actions utilizing agency personnel and resources, and arranging for and coordinating the efforts
of other agencies responding in support of ESF #10.
EPA Region 7 will investigate and respond to emergency incidents utilizing OSCs and other
response personnel. Response actions at Federal facilities are judged beyond the jurisdiction of
EPA. Agencies are responsible for providing OSCs and response actions to control, contain,
and mitigate release incidents occurring at their facilities. EPA is responsible for the
investigation and ultimate remediation of hazardous waste sites regardless of prenegotiated
boundaries with the USCG. Actions associated with waste sites will be pursued in close
coordination with the appropriate state officials.
In general, the first on-scene Federal official has responsibility under the NCP to perform the
on-scene functions until replaced by the predesignated OSC.
The EPA Region 7 ESF #10 Chair will utilize the ESF #10 support agency representative to
access various Federal resources that are deemed necessary to complete emergency response
and removal operations during a particular incident or site cleanup.
Upon implementation of the FRP, Region 7 EPA would have the following roles and
responsibilities associated with oil and hazardous substances under the NCP:
a) Coordinate, integrate, and manage a natural, human, or technological major disaster in
Region 7 by putting forth the effort to detect, identify, contain, clean up, dispose of, or
minimize the threat or potential discharge of oil and release of hazardous substances;
b) Provide expertise on the environmental effects of discharged oil, or releases of hazardous
substances, pollutants, or contaminants and environmental pollution control techniques;
c) Coordinate the interrelationship of EPA/USCG OSCs response actions to incidents within
the impacted area.
In the event of a disaster involving radiological materials governed by the FRERP EPA responds
as follows:
d) Maintain close coordination with the LFA if a radiological event occurs;
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
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e) Provide resources including personnel, equipment, and laboratory support to assist DOE in
monitoring radioactivity levels in the environment. This service is provided in conjunction
with the FRMAC/FRMAP;
f) At the FRMAC, assess the nature and extent of the environmental radiological hazard;
g) In support of the LFA, provide guidance, on acceptable emergency levels of hazardous
substances in the environment, to regional agencies, state and local governments with
jurisdiction;
h) Assist the LFA for radiological emergencies in developing recommended measures to
protect the public health and safety.
B. SUPPORT AGENCIES
The response components of the following agencies are designated to assist with available
resources, capabilities, or expertise in support of ESF #10 response operations. Each support
agency may provide a representative to the ESF #10 at each DFO. Each support agency has
duties established by statute, executive order, or Presidential directive that may be relevant to
response actions following a discharge or release incident.
The response components of the following support agencies will provide assistance in their
respective areas of expertise, during implementation of the response. The assistance rendered
by each support agency will be consistent with its capability and legal authority.
1. DEPARTMENT OF AGRICULTURE
UNDER NCP:
a) Provide predictions of the effects of pollutants on soil/sediment and their movements over
and through a soil/sediment matrix,
b) Serve as the natural resource trustee for resource under their jurisdiction.
UNDER FRERP:
c) Assist in developing measures and damage assessments,
d) Assist in the disposition of livestock and poultry affected by radiation,
e) Assist, in cooperation with Health and Human Services (HHS) and EPA, in the
production, processing and distribution of food; and,
f) Provide information and assistance to farmers.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 18
2. DEPARTMENT OF COMMERCE/NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
a) Acquire and disseminate weather data and forecasts, and emergency information, -
UNDER NCP:
b) Provide specific expertise on living marine resources,
c) Coordinate scientific support for response in marine areas, including assessments of the
hazards that may be involved,
d) Predict pollutant movement and dispersion through the use of trajectory modeling.
e) Provide information on meteorological, hydrologic, and ice for inland waterways,
f) Provide charts and maps for navigable waterways;
UNDER FRF.RP:
g) Ensure that marine fishery products available to the public are not contaminated.
3. DEPARTMENT OF DEFENSE
a) Coordinate and provide aerial support through the Civil Air Patrol and/or National Guard
for damage assessments,
UNDER NCP:
b) Direct response actions for releases of hazardous materials from its vessels and facilities;
c) Provide personnel and equipment to other regional organizations, state and local
governments, as requested, if consistent with DOD operational requirements;
d) Serve as natural resource trustee for resources under its jurisdiction.
UNDER FRERP:
e) Ensure safe handling, storage, maintenance, assembly and transportation of radioactive
materials;
f) Assess the nature and extent of an emergency and the potential offsite effects;
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 19
g) Provide an extensive array of specialized containment, collection, and removal
equipment;
h) Cany out LFA responsibilities if FRERP is implemented due to a release from a nuclear
or DOE facility.
4. DEPARTMENT OF ENERGY
UNDER NCP:
a) Direct response actions for releases of hazardous materials from its facilities;
b) Provide advice in identifying the source and extent of radioactive releases relevant to the
NCP, and in the removal of radioactive contamination.
UNDER FRERP:
c) Set up a FRMAC near the impacted area, and coordinate off site monitoring, assessing,
evaluating, and reporting on the nature and extent of the emergency and potential for off-
site effects;
d) Maintain a common set of radiological monitoring data;
e) Provide technical and medical advice concerning treatment of contamination;
f) Carry out responsibilities as LFA if FRERP is implemented due to release from DOE
regulated facility or device.
5. DEPARTMENT OF HEALTH AND HUMAN SERVICES
UNDER NCP:
a) Provide assistance on all matters related to the assessment of health hazards at a
response, including protection of both response workers and the public health;
b) Determine whether illness, diseases, or complaints may be attributable to exposure to a
hazardous substance;
c) Establish disease/exposure registries and conduct proper testing;
d) Develop, maintain and provide information on the health effects of toxic substances;
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 20
e) Assist with development and implemer. tion of sampling plans to ensure that drinking
water and food supplies have not been affected due to contamination by hazardous
substances and materials,
UNDER FRERP:
f) Provide guidance on the use of radioprotective substances (e.g. thyroid blocking agents);
g) Advise medical care personnel regarding proper medical treatment of people exposed to
or contaminated by radioactive materials.
6. DEPARTMENT OF THE INTERIOR
UNDER NCP:
a) Provide assistance and expertise in fish and wildlife resources, geology and hydrology,
earthquakes and other natural hazards, minerals, soils, vegetation, mining activities,
identification of the inorganic hazardous substances, biological and general natural
resources, cultural resources, matters affecting lands administered by DOI, and matters
affecting Indian lands and resources, national parks, wildlife refuges, and fish hatcheries.
UNDER FRERP:
b) Provide hydrologic advice and assistance, including monitoring personnel, equipment,
and laboratory support;
c) Provide advice and assistance in assessing and minimizing off-site consequences on
natural resources, including fish and wildlife;
d) Operate DOI water resource projects to protect municipal and agricultural water supplies
in cases of radiological emergencies.
7. DEPARTMENT OF JUSTICE
a) Provide expert advice on complicated legal questions arising from response(s) in Region
7.
8. DEPARTMENT OF LABOR/OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
UNDER NCP:
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 21
a) Provide advice and technical assistance regarding hazards to persons involved in the
removal or control of releases. This assistance may include review of site safety plans,
review of site work practices, assistance with exposure monitoring, and other questions
about compliance with OSHA standards.
b) OSHA personnel may serve as safety officers at sites.
9. DOT/RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
UNDER NCP:
a) Provide expertise on all modes of transporting oil and hazardous substances, including
information on the requirements of packaging, handling, and transporting regulated
hazardous materials;
UNDER FRERP:
b) Provide civil transportation assistance and support;
c) Coordinate civil transportation response, within Region 7.
10. DOT/COAST GUARD
UNDER NCP:
a) Provide the predesignated OSC for oil and hazardous substances events occurring within
its area of jurisdiction;
b) Within the navigable waterway zone, coordinate, integrate, and manage the overall
regional effort to detect, identify, contain, clean up, and dispose of or minimize discharge of
oil or release of hazardous substances; prevent, mitigate, or minimize the threat of potential
releases;
c) Provide expertise on environmental effects of oil discharges or releases of hazardous
substances, pollutants, or contaminants and environmental pollution control techniques;
d) Manage the National Strike Force, which would provide technical advice, assistance and
communications support for response actions;
e) Provide expertise in domestic port safety and security, martial law enforcement, river
navigation, and the manning, operation and safety of vessels and marine facilities;
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 22
f) Maintain continuously manned facilities, which can be used for command, control, and
surveillance of oil discharges and hazardous substances releases occurring in its jurisdiction;
g) Provide marine transportation whenever possible.
11. DEPARTMENT OF STATE
UNDER NCP:
a) Provide advice and assistance in coordinating a response in the event of a release
involving foreign officials.
12. FEDERAL EMERGENCY MANAGEMENT AGENCY
a) Provide advice and assistance on emergency relocation and temporary housing;
b) Identify and/or obtain logistical support for Regional agencies.
13. NUCLEAR REGULATORY COMMISSION
UNDER FRERP:
Carry out responsibilities of LFA if the FRERP is implemented as a result of a radiological
emergency involving NRC-licensed activities.
14. OTHER AGENCIES
Other regional agencies may be called upon as needed to provide advice and assistance.
C. EPA SUPPORT TO OTHER ESFs
I. INTRODUCTION
In the advent of implementing the FRP, ESF #10 (EPA) will provide support for various
other ESFs. These include:
ESF # 3 USACE - Public Works and Engineering
ESF # 4 USD A - Firefighting
ESF # 5 FEMA - Information and Planning
ESF # 8 DHHS - Health and Medical Services
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 23
ESF # 9
FEMA - Urban Search and Rescue
ESF# 11
USD A - Food
ESF # 13
DOE - Radiological Emergencies
H SUPPORT FUNCTIONS
A. ESF # 3 USAGE - Public Works and Engineering
ESF # 10 may provide personnel to assist in the damage assessment of water and waste
water treatment systems, and determine necessary emergency repairs; assist in locating
disposal sites for debris, clearance activities; and provide guidance on areas affected by
hazardous materials.
B. ESF # 4 USD A - Firefighting
ESF #10 will provide technical assistance in the event of fires involving hazardous
materials.
C. ESF # 5 FEMA - Information and Planning
ESF #10 will assess and report on damages to water/waste water treatment facilities; and
conduct hazardous materials and hazardous waste reconnaissance actions and report results.
D. ESF # 8 DHHS - Health and Medical Services
ESF #10 will assist Federal health and medical response operations by providing technical
assistance and environmental information for the assessment of the health/medical aspects of
situations involving hazardous materials.
E. ESF # 9 FEMA - Urban Search and Rescue
ESF # 10 will provide sampling and monitoring assistance to search and rescue teams;
supply hazardous chemical release plume modeling information and provide advice and
updates on direction of plumes; provide information on location of facilities with hazardous
materials and type of hazardous materials present, and safety considerations for search
teams entering these areas; conduct and/or participate in training for FEMA search and
rescue teams to assure that they are prepared for working in situations where they may
encounter hazardous materials releases.
F. ESF #11 USDA - Food
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Appendix H PRP-ESF #10 Hazardous Materials Supplement Page 24
ESF # 10 will assist ESF #8 with determining the suitability of water resources for human
and animal consumption and identify potential hazardous materials impacts on the drinking
water supply.
G. ESF # 13 DOE - Radiological Emergencies
ESF # 10 will assist in monitoring radiation levels; assist in locating disposal sites for waste
materials from incidents, and assist in developing recommended measures to protect the
public health and safety.
VI. RESOURCE REQUIREMENTS
A. GENERAL
Saving lives will be the most critical requirement during the first twelve (12) to twenty-four (24)
hours; therefore the initial priority during a response by ESF #10 will be the identification,
stabilization, assessment, and monitoring of immediate life-threatening releases. Other resources
needed for response/recovery, but considered non-critical (i.e., office facilities, communications
systems, computers, etc.) are to be enroute to the DFO as soon as possible after notification to
deploy.
B. FRERP
If there is a significant release of radiological materials, additional stress will be placed on the
support system(s), but it is not expected that special or unique requirements will be identified
for radiological response. Regional EPA requirements are minimal under the FRERP until after
the emergency phase.
C. ASSETS CRITICAL FOR THE INITIAL 12 HOURS
1. Personnel
It is not possible to determine personnel requirements for the initial 12 hours until a major
event has been fully assessed. A summary of response resources is in section VI.E. Advance
Response Teams will be notified directly by phone or by pager. The remainder of the ESF
#10 personnel will then be notified by phone. In general, all response personnel should be
trained as per TITLE 29 CFR 1919.120, as amended.
2. Communication Systems
Communication will be an important element of a successful ESF #10 effort during a response
to a major disaster. Communication, including regional and long distance telephone systems,
could be affected by a wide-spread disaster. Many of the ESF #10 functions are dependent on
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 25
continuous and reliable communication from field teams. Without this, the effectiveness of
ESF #10 teams will be limited.
ESF #10 must maintain telephone and radio communication assets to function in a response
mode. Three communication pathways must be established:
a. DFO Regional/National Office
The DFO « Regional/National Office pathway may function by phone after ESF #2
(Communications) has established phone service at the permanent DFO. A backup system
to include a long range radio system should be employed to supplement long distance
telephone systems.
b. DFO « FCP « Field Teams
The DFO « FCP « Field Team pathway will be completed by two systems. DFO «* FCP
communication will be made by phone systems established by ESF #2 or FEMA established
short wave radio systems. FCP * Field Team communication will be completed by radio
systems in development. Mobile phones will be utilized.
c. Field Team « Field Teams
Field Team ** Field Team Communication will be completed with mobile, hand held and
base station radio systems operating on 164.450 Hz for mobile units and 165.4129 Hz for
the 150 Repeater System. Mobile phones may be used.
Personnel or teams wishing to communicate with other units will identify themselves and the
person/team they are calling. All communication will be made in "plain English" with no
codes or abbreviations to assure clarity.
4. Communication and use of communication systems will be coordinated by the
communications coordinator (Logistics Section) at the DFO.
3. Equipment Requirements
a) Equipment needs for the first 12 to 24 hours will be supplied from existing stock or
purchased locally.
b) The equipment necessary for the initial response will be staged at the EPA at 25 Funston
Road, Kansas City, Kansas; and at START offices in Overland Park, Kansas.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 26
c) The backup equipment necessary for the initial response will be accessed using normal
procedures. Equipment and/or supplies of the START and Emergency Response Clean-up
Service (ERCS) contractor should be utilized to augment the stores maintained by EPA.
d) Additional equipment/supplies needed for initial response and not normally in stock will be
identified to GSA (ESF #7) and other sources on a continuing basis.
4. Office Facilities
Necessary office space and equipment are to be provided at the DFO and FCP by ESF # 7,
state offices of emergency services, and GSA. ESF #10 requirements will be provided to
those agencies at pre-event planning sessions or at notification/deployment announcements.
D. ASSETS REQUIRED FOR CONTINUING OPERATIONS
1. Personnel Requirements
Personnel requirements of ESF #10 will be determined after the initial assessments or release
incidents are completed and/or additional release incidents are reported. Personnel, trained in
oil and hazardous substances response, will be needed to address multiple release incidents.
Increases in support personnel will be obtained, as necessary, from Region 7 backup, Region
8, or as determined by ESF #10 (National Chair). Forward Command Post and Field
Personnel will be distributed as needed by the ESF #10 Chair.
2. Specialized Equipment
No specialized equipment will be maintained by the ESF #10 or its response contractors.
Special equipment needs are to be fulfilled, as needed, through local rental agencies and the
ERCS contractors. Any specialized federal equipment not accessible through the support
ESFs will be supplied by GSA.
3. Laboratories
In addition to the EPA and the respective state lab, listings of certified labs will be maintained
in the Region 7 field library, one of which will be maintained at the RRC and one dispatched
to the DFO. This information may also be made available within CAMEO DOS data files.
4. Transportation
a) Field personnel and response equipment will be transported quickly to the scene of a
release incident. It is expected that problems may be encountered due to disruptions in
normal transportation routes. Initial response personnel may rely heavily upon air
transportation, chiefly helicopters and small airplanes, during the first 12 to 24 hours for
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 27
deployment to the incident site and later on rental vehicles for ground transportation. Air
transportation and rental vehicles will be utilized as needed to deliver backup teams and
supplies during the transition to a continuing operational capacity.
b) Difficult requirements for ground transportation will be coordinated at the DFO level
with ESF # 1 (DOT) and ESF #7 (GSA).
E. RESPONSE RESOURCES
Responders to a major disaster would need; transportation, equipment, funds, food, water,
accommodations, communications, maps, computers, and a reference list. To the maximum
extent possible, the response teams should attempt to secure resources not readily available
through the EPA, contractors, or through the appropriate ESFs
1. Transportation
Kansas City is centrally located in Region 7 and any part of the region is accessible by motor
vehicle in 6 - 8 hours driving time under normal conditions. Driving conditions may not and
most likely will not be ideal under disaster conditions. Considering the amount of equipment
the responding parties must take and the fact that at the minimum a two-person team will be
used, ground travel remains the most cost efficient and effective. Ground transportation must
be versatile and reliable. To that end, the first responding teams should have four-wheel drive
vehicles equipped with traction tires, winch, trailer hitch, and extra fuel storage capacity. The
"idea"l vehicle might be a 3/4 ton pickup truck, four-wheel drive, extended cab, winch, bed
cover, and traction tires. This vehicle would provide ample room for equipment.
Communication equipment and personal equipment could be stored behind the seat. Also
suitable would be the heavy duty vans built on a 3/4 ton chassis (Suburban). This vehicle
should be equipped with dual fuel tanks or a large-capacity fuel tank. A minimum of 10
gallons of extra fuel should be carried.
2. Equipment
The responding team, composed of two people, should carry regular response equipment i.e.
protective clothing, hard hat, boots, and monitoring and sampling equipment and containers.
In addition they should prepare sufficient personal equipment to enable them to function
without support for 3 - 5 days. This would include clothes, rain and cold weather gear,
personal hygiene equipment (i.e. soup, towels, toothbrush, etc.), bedroll or sleeping bag,
eating and cooking utensils, food and water, matches and fire starter, an axe, shovel, bow
saw, tent or tarp to provide shelter during inclement weather, matches and fire starters, first
aid kit, and a small electric generator providing 120v power. In the event of a major disaster,
the response team should prepare for primitive conditions with a disrupted infrastructure.
3. Money/Credit Cards
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 28
The responding teams likely will need to buy some items or to rent a vehicle. While they will
have credit cards, there are likely be businesses in the disaster-affected area that will not
accept credit cards. A minimum of $200 should be carried by each member of the response
team.
4. Food
Should food and water be unavailable through normal sources or through ESF #6 and ESF #
11, nonperishable foods such as dried fruits, peanut butter, jerky, trail food, dry cereal, canned
goods, candy bars, etc., should be taken. Food stuffs may be kept in a ice chest, if ice is
available. Food should be bought outside the disaster area and brought in with the team.
Every effort should be made back at the "home base" to get supplies to the teams during the
response. Responders should be aware of sick or potentially rabid animals.
5. Water
The team should carry water. Personal canteens for drinking water while on the site are
necessary. Bottled water for drinking, cooking, etc, is necessary. Some survivors may need
water to drink. Ten gallons per team member for cooking and drinking should be considered
the minimum for five days of self-supportive use. Drinking or using the local water should be
avoided until testing shows it is free of contamination.
6. Accommodations
In a disaster situation motels and hotels may be unavailable or unusable. In the event that
lodging is un available through ESF #6 & #7, the teams should to be prepared to camp out for
several days under primitive conditions. A tent or shelter is desirable for night protection. In
case of rain or snow, a large tarpaulin can rigged to provide shelter and/or a windbreak. A
portable generator to provide power for lights, communication equipment, and electric heat is
desirable. Several heavy duty outdoor extension cords and clip-on lights with metal reflectors
that are normally used with heat lamps will provide ample light. Telescoping aluminum tent
poles can be used to support the tarp for an office/work area, if a room or building is not
available. For a command post, a motel room or empty house or other building can be utilized
after ascertaining that it structurally sound, even if it does not have power.
7. Communications
It is essential that the response team remain in contact with the DFO and other response
teams. To that end, they should have cellular phones, high frequency radios, and walkie-
talkies. They should have a computer, monitor, printer, and modem. The cellular phones and
high frequency radios will provide communications with the DFO, FCP, civil authorities and
other teams until more permanent communication facilities can be established. The walkie-
talkies will be for short-range field communications. The computer will be used for writing
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Appendix H FRP-ESF #10 Hazardous Materials Supplement
Page 29
reports, summaries of the days actions, tracking costs and generating a paper trail. The
modem will be used to send this information back to FCP or DFO. As the high frequency
radios have a current draw of 20 amps, it is unadvisable to use them on the vehicle battery for
long periods without running the vehicle. The portable generator is more efficient for this.
Additional communications, support may be available from the support agencies to ESF #10
or from ESF #2.
The following equipment is available for ESF #10 response.
2 - Base Stations, FM, 2AV
3 - HF portable stations
10 - Hand-held radios with chargers, FM 2/W frequency
(164.450) limited range
13 - Mobile phones
ESF #10 needs several communication resources to complete the communication
requirements. They are:
a. A long-range, short-wave radio system linking the Regional Headquarters, DFO and
Forward Command Post. This system needs to be reserved for the exclusive use of ESF
#10,
b. Improved FM communication equipment to include base station units, additional hand
held units, mobile units for each vehicle, and a repeater system for coverage of the entire
area.
c. Portable phone and fax equipment must to be kept current.
8. Maps
It is imperative that the teams know their destination and their route. It is also likely in a
major disaster that the infrastructure will be damaged, including major highways. Therefore
ESF #1 should be consulted concerning probable routes. Teams must tell someone that they
have arrived and what was found. Each team should have a state road map, individual county
maps of the area assigned, the 1 x 2 degree U.S. Geological survey maps of the area, and the
7.5-minute maps of the most critical areas.
9. Computers, Cameo operations
The Cameo-DOS files would be an integral part of major disaster response. The Cameo
computer program would be located at the DFOs and the Communications Center. The
Cameo operator should be in voice contact with the FCP and/or the Response Teams.
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Appendix H FRP-ESF #10 Hazardous Materials Supplement Page 30
Upon a report of any disaster related event, be it a spill, bridge closure, truck overturned, or
any other item pertinent to the response, the location can quickly and easily be plotted on the
appropriate map at the proper coordinates and stored. This map can then be recalled, printed,
updated, faxed or sent through a modem to where it is needed.
With a high-frequency radio installed at the EPA Region 7 Response Center, and with a
mobile unit either in responding vehicles or at the DFO, many emergency response activities
could be facilitated from the Response Center.
10. DFO/Forward Staging Area Reference List:
* DOT 5800.5, 1990 Emergency Response Guide
* OSHA/NIOSH - Pocket Guide to Chemical Hazards
1. Fire Protection Guide on Hazardous Materials - National Fire Protection Association,
Batterymarch Park, Quincy, Massachusetts 02269
2. Emergency Handling of Hazardous Materials in Surface Transportation. Association of
American Railroads, 50 "F" Street, N.W., Washington, D C. 20001
3. Emergency Action Guides, AAR
4. U.S. Coast Guard, CHRIS Manual Series, Hazardous Chemical Data, CG-446-2,
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.
5. Farm Chemical Handbook, Meister Publishing Company, 37841 Euclid Avenue,
Willoughby, Ohio 44094
6. Threshold Limit Values and Biological Exposure Indices, American Conference of
Governmental and Industrial Hygienists, 6500 Glenway Avenue, Building D-7, Cincinnati,
Ohio 45211-4438
7. A.D. Little, Inc., Guidelines for the Selection of Chemical Protective Clothing, ACGIH
8. U.S. EPA, Standard Operating Safety Guides, Superintendent ofDocuments
9. Brethericks, Handbook of Reactive Chemical Hazards, Butterworths Publishing, 4th
Edition 1990
10. Perry's Chemical Engineers Handbook, McGraw Hill Publishing, Princeton Road,
Hightstown, New Jersey 08520
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Appendix H FRP-ESF # 10 Hazardous Materials Supplement Page 31
11. U.S. Army Corps of Engineers, Safety and Health Requirements Manual, EM-385-1-1,
October 1987
12. Handbook of Compressed Gases, Second Edition, Compressed Gas Association, Inc.-, Van
Nostrand, Reinhold Publishing, 115 Fifth Avenue, New York, New York 10003
13. Sax and Lewis, Dangerous Properties of Industrial Materials, Seventh Edition, Van
Nostrand Reinhold Publishing
14. Material Safety Data Sheet Collection Plus Updating Service, Genium Publishing
Company, 1145 Catalyn Street, Schenectady, New York 12303-1836
15. Quick Selection Guide to Chemical Protective Clothing, Mansdorf and Forsberg, Van
Nostrand and Reinhold
16. Handbook of Chemical Hazard Analysis Procedures, FEMA, Department of
Transportation (DOT) and EPA, Available from Federal Emergency Management Agency,
Publications Office, 500 "C" Street, S.W., Washington, D.C. 20472
17. Air Contaminants - Permissible Exposure Limits (29CFR1910.1000) OSHA Document
#3112
Computer Programs
1.CAMEO
2. ARCHIE
3.0HMTADS
4.CHEMPLUS
5 . WORD PERFECT
6.LANDVIEW II
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Structure of fcise Advanced
Emergency Response Team
ESF's
— 1 Transportation
— 2 Communication
— Communications
— Collecl Information
— Rosourco Support
— Fiscal Support
— Planning 8 Analysis
— 3 Public Works
— 8 Mass Care
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Search and Rescue
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Forward Staging Area
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Functional Chart
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— Commimtcatians
Status Board
Reports
Documentation
Transportation
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— Assign Priority
— Technical Asslstanco
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ESF 10 SWf - DFO
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ANNEX I
USCG/EPA MOU
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COPY: MOU between Second Coast Guard District and USEPA Region VII
MEMORANDUM OF UNDERSTANDING BETWEEN THE
SECOND COAST GUARD DISTRICT
AND THE
ENVIRONMENTAL PROTECTION AGENCY, REGION 7
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COPY: MOU between Second Coast Guard District and USEPA Region VII
MEMORANDUM OF UNDERSTANDING
BETWEEN
THEU. S. ENVIRONMENTAL PROTECTION AGENCY
REGION 7. KANSAS CITY, KS
AND
THEU. S. COASTGUARD
SECOND COAST GUARD DISTRICT, ST. LOUIS, MO
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 personnel relative to pollution response activities on the Inland River System.
Specifically, this document:
1. Eliminates previously designated "specified ports and harbors" on the Inland Rivers within
the Second Coast Guard District, thereby redesignating the entirety of the Second Coast
Guard district ans Inland Zone wherein the U. S. Environmental Protection Agency is the
predesignate Federal On Scene Coordinator agency.
2. Confirms the Second Coast Guard District's commitment to meeting the spirt as well as
the letter of the National Contingency Plan and assisting the U. S. Environmental Protection
Agency predesignated Federal On Scene Coordinators to the fullest extent possible in all
pollution response activities.
3. Identifies operational criteria under which the U. S. Coast Guard will assist the U. S.
Environmental Protection Agency with its On Scene Coordinator (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 of marine transportation-related facilities.
BACKGROUND: Under a previous agreement, the U. S. Environmental Protection Agency,
Region VII, and the Second Coast Guard District had identified certain geographic areas on the
Inland River Systems for which the U. S. Coast guard would, under certain circumstances,
provide a "predesignated" Federal On Scene Coordinator. In general, in the specified port and
harbor areas the U. S. Coast Guard Captain of the Port was predesignated as the OSC for oil and
hazardous substance discharges resulting from vessel casualties or vessel-related transfer
operations. The U. S. Environmental Protection Agency retained the OSC responsibilities for all
other pollution incidents within the specified ports and harbor 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 On Scene Coordinator. The requirements of the Oil Pollution
Act prompted a complete review of agency responsibilities pursuant to the Act itself and the
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COPY: MOU between Second Coast Guard District and USEPA Region VII
National Contingency Plan. That review indicated that the division of agency On Scene
Coordinator 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 for preparedness and
removal activities in a manner consistent with the requirements of the National Contingency Plan.
AGREEMENT:
The entirety of the Second Coast Guard District, including the Inland River System within the
Second District, in included in the definition of Inland Zone wherein the U. S. Environmental
Protection Agency (USEPA) is the predesignated Federal On Scene Coordinator agency. The
previous agreement designating specified ports and harbors as portions of the Coastal Zone is
canceled.
The U.S. Coast Guard (USCG), through the cognizant Captain of the Port (COTP), will assist the
predesignated USEPA On Scene Coordinator (OSC) to the fullest extent possible consistent with
agency responsibilities ans 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 other United States of the adjacent riverbank, the U. S. Coast Guard
will respond as follows:
1. If the incident involves a commercial vessel, a vessel transfer operation, or a marine
transportation related facility, the 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 for any response actions that the COTP takes via initial telephone notification and
periodic pollution reports.
2. If the incident involves a source or threat other than a commercial vessel, vessel transfer
operations, or marine transportation-relate facility, of in the incident involves an unknown
source of pollution:
a. The USCG COTP will carry out the USCG's agency responsibilities under the NCP,
the Regional Contingency Plan, and, when developed, the Area Contingency Plans, and
will assist the USEPA OSC to the fullest extent possible.
b. Upon request by the predesignated USEPA OSC, the USCG COTP will acto on behalf
of the USEPA in any actions where the USCG personnel are both qualified and physically
capable of responding. The type and extent of the USCG"s actions in each case will be
determined by consultation between the USEPA OSC and the USCG COTP.
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COPY: MOU between Second Coast Guard District and USEPA Region VII
c. If specifically requested by the predesignated USEPA OSC, the USCG COTP may
assume the functional OSC role and carry 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
predesignated 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 scene at such an
incident, the USCG will notify the predesignated USEPA OSC and carry out the duties
detailed in the NCP pendingLva.of .he Redesignated OSC. ^
3. This agreement will be incorporated in the agency responsibilities section of the Regional
Contingency Plan.
TERM OF AGREEMENT: This agreement will be subject to review and amendment coincident
with each periodic review of the Regional Contingency Plan. It will remain in effect until
modified or terminated by subsequent agreement.
Mr. William W. Rice
Acting Regional Administrator
U. S. Environmental Protection Agency,
~ t mr
Region Vn
25 Funston Road
Kansas City, KS 66115
Original signed bv William Rice
N. T. Saunders
Rear Admiral, USCG
Second Coast Guard District
1222 Spruce Street
St. Louis, MO 63103-2832
Original signed bv N. T. Saunders
Date. April 8, 1993
Date; March 30, 1993
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i
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Annex II
FEDERAL
RADIOLOGICAL
EMERGENCY RESPONSE PLAN
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I. Introduction and Background 4
A. Introduction 4
B. Participating Federal Agencies 4
C. Scope 4
D. Plan Considerations 5
1. Public and Private Sector Response 5
2. Coordination by Federal Agencies 5
3. Federal Agency Authorities 5
4. Federal Agency Resource Commitments 6
5. , Requests for Federal Assistance 6
6. Reimbursement 6
E. Training and Exercises 6
F. Relationship to the Federal Response Plan (FRP) 6
1. Without a Stafford Act Declaration 6
2. With a Stafford Act Declaration 6
G. Authorities 6
II. Concept of Operations 8
A. Introduction 8
B. Determination of Lead Federal Agency (LFA) 8
1. Nuclear Facility 8
2. Transportation of Radioactive Materials 8
3. Satellites Containing Radioactive Materials 8
4. Impact from Foreign or Unknown Source 9
5. Other Types of Emergencies 9
C. Radiological Sabotage and Terrorism 9
D. Response Functions and Responsibilities 10
1. Onscene Coordination 10
2. Onsite Management 11
3. Radiological Monitoring and Assessment 11
4. Protective Action Recommendations 14
5. Other Federal Resource Support 15
6. Public Information Coordination 17
7. Congressional and White House Coordination 18
8. International Coordination 18
9. Response Function Overview 18
E. Stages of the Federal Response 20
1. Notification 20
2. Activation and Deployment 21
3. Response Operations 21
4. Response Deactivation 23
5. Recovery 24
Appendix A: Acronyms 25
Appendix B-Definitions 26
A. Department of Agriculture 30
B. Department of Commerce 32
C. Department of Defense 33
D. Department of Energy 34
E. Department of Health and Human Services 35
F. Department of Housing and Urban Development 36
G. Department of the Interior 37
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H, Department of Justice 38
I. Department of State 39
J. Department of Transportation 40
K. Department of Veterans Affairs 41
L. Environmental Protection Agency 42
M. Federal Emergency Management Agency 43
N. General Services Administration 44
O. National Aeronautics and Space Administration 45
P. National Communications System 45
Q. Nuclear Regulatory Commission 46
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I
I. INTRODUCTION AND BACKGROUND
I. Introduction and Background
A. Introduction
The objective of the Federal Radiological Emergency Response Plan (FRERP) is to establish an organized and
integrated capability for timely, coordinated response by Federal agencies to peacetime radiological emergencies.
The FRERP:
1. Provides the Federal Government's concept of operations based on specific authorities for responding to
radiological emergencies;
2. Outlines Federal policies and planning considerations on which the concept of operations of this Plan and
Federal agency specific response plans are based; and
3. Specifies authorities and responsibilities of each Federal agency that may have a significant role in such
emergencies.
There are two Sections in this Plan. Section I contains background, considerations, and scope. Section II
describes the concept of operations for response.
B. Participating Federal Agencies
Each participating agency has responsibilities and/or capabilities that pertain to various types of radiological
emergencies. The following Federal agencies participate in the FRERP:
1.
Department of Agriculture (USDA);
2.
Department of Commerce (DOC);
3.
Department of Defense (DOD);
4.
Department of Energy (DOE);
5.
Department of Health and Human Services (HHS);
6.
Department of Housing and Urban Development (HUD);
7.
Department of the Interior (DOI);
8.
Department of Justice (DOJ);
9.
Department of State (DOS);
10.
Department of Transportation (DOT);
11.
Department of Veterans Affairs (VA);
12.
Environmental Protection Agency (EPA);
13.
Federal Emergency Management Agency (FEMA);
14.
General Services Administration (GSA);
15.
National Aeronautics and Space Administration (NASA);
16.
National Communications System (NCS); and
17.
Nuclear Regulatory Commission (NRC).
C. Scope
1
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
TheFRERP covers any peacetime radiological emergency that has actual, potential, or perceived radiological
consequences within the United States, its Territories, possessions, or territorial waters and that could require a
response by the Federal Government. The level of the Federal response to a specific emergency will be based on
the type and/or amount of radioactive material involved, the location of the emergency, the impact on or the
potential for impact on the public and environment, and the size of the affected area. Emergencies occurring at fixed
nuclear facilities or during the transportation of radioactive materials, including nuclear weapons, fall within the
scope of the Plan regardless of whether the facility or radioactive materials are publicly or privately owned,
Federally regulated, regulated by an Agreement State, or not regulated at all. (Under the Atomic Energy Act of 1954
[Subsection 274.b.], the NRC has relinquished to certain States its regulatory authority for licensing the use of
source, byproduct, and small quantities of special nuclear material.)
D. Plan Considerations
1. Public and Private Sector Response
For an emergency at a fixed nuclear facility or a facility not under the control of a Federal agency, State and
local governments have primary responsibility for determining and implementing measures to protect life, property,
and the environment in areas outside the facility boundaries. The owner or operator of a nuclear facility has primary
responsibility for actions within the boundaries of that facility, for providing notification and advice to offsite
officials, and for minimizing the radiological hazard to the public.
For emergencies involving an area under Federal control, the responsibility for onsite actions belongs to a
Federal agency, while offsite actions are the responsibility of the State or local government.
For all other emergencies, the State or local government has the responsibility for taking emergency actions
both onsite and offsite, with support provided, upon request, by Federal agencies as designated in Section II of this
plan.
2. Coordination by Federal Agencies.
This Plan describes how the Federal response to a radiological emergency will be organized. It includes
guidelines for notification of Federal agencies and States, coordination and leadership of Federal response activities
onscene, and coordination of Federal public information activities and Congressional relations by Federal agencies.
The Plan suggests ways in which the State, local, and Federal agencies can most effectively integrate their actions.
The degree to which the Federal response is merged or to which activities are adjusted will be based upon the
requirements and priorities set by the State.
Appropriate independent emergency actions may be taken by the participating Federal agencies within the
limits of their own statutory authority to protect the public, minimize immediate hazards, and gather information
about the emergency that might be lost by delay.
3. Federal Agency Authorities
Some Federal agencies have authority to respond to certain situations affecting public health and safety with or
without a State request. Appendix C of this Plan cites relevant legislative and executive authorities. This Plan does
not create any new authorities nor change any existing ones.
A response to radiological emergencies on or affecting Federal lands not occupied by a government agency
should be coordinated with the agency responsible for managing that land to ensure that response activities are
consistent with Federal statutes governing the use and occupancy of these lands. This coordination is necessary in
the case of Indian tribal lands because Federally recognized Indian tribes have a special relationship with the U.S.
Government, and the State and local governments may have limited or no authority on their reservations.
In the event of an offsite radiological accident involving a nuclear weapon, special nuclear material, classified
components, or all three, the owner (either DOD, DOE, or NASA) will declare a National Defense Area (NDA) or
2
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I. INTRODUCTION AND BACKGROUND
National Security Area (NSA), respectively, and this area will become "onsite" for the purposes of this plan. NDAs
and NSAs are established to safeguard classified information, and/or restricted data, or equipment and material.
Establishment of these areas places non-Federal lands under Federal control and results only from an emergency
event. It is possible that radioactive contamination would extend beyond the boundaries of these areas.
In accordance with appropriate national security classification directives, information maybe classified
concerning nuclear weapons, special nuclear materials at reactors, and certain fuel cycle facilities producing military
fuel.
4. Federal Agency Resource Commitments
Agencies committing resources under this Plan do so with the understanding that the duration of the
commitment will depend on the nature and extent of the emergency and the State and local resources available.
Should another emergency occur that is more serious or of higher priority (such as one that may jeopardize national
security), Federal agencies will reassess resources committed under this Plan.
5. Requests for Federal Assistance
State and local government requests for assistance, as well as those from owners and operators of radiological
facilities or activities, may be made directly to the Federal agencies listed in Table 11-1, FEMA, or to other Federal
agencies with whom they have preexisting arrangements or relationships.
6. Reimbursement
The cost of each Federal agency's participation in support of the FRERP is the responsibility of that agency,
unless other agreements or reimbursement mechanisms exist. GSA will be reimbursed for supplies and services
provided under this Plan in accordance with prior interagency agreements.
E. Training and Exercises
Federal agencies, in conjunction with State and local governments, will periodically exercise the FRERP. Each
agency will coordinate its exercises with the Federal Radiological Preparedness Coordinating Committee's
(FRPCC's) Subcommittee on Federal Response to avoid duplication and to invite participation by other Federal
agencies.
Federal agencies will assist other Federal agencies and State and local governments with planning and training
activities designed to improve response capabilities. Each agency should coordinate its training programs with the
FRPCC's Subcommittee on Training to avoid duplication and to make its training available to other agencies.
F. Relationship to the Federal Response Plan (FRP)
1. Without a Stafford Act Declaration
Federal agencies will respond to radiological emergencies using the FRERP, each agency in accordance with
existing statutory authorities and funding resources. The LFA has responsibility for coordination of the overall
Federal response to the emergency. FEMA is responsible for coordinating non-radiological support using the
structure of the Federal Response Plan (FRP).
2. With a Stafford Act Declaration
When a major disaster or emergency is declared under the Stafford Act and an associated radiological
emergency exists, the functions and responsibilities of the FRERP remain the same. The LFA coordinates the
management of the radiological response with the Federal Coordinating Officer (FCO). Although the direction of
the radiological response remains the same with the LFA, the FCO has the overall responsibility for the coordination
of Federal assistance in support of State and local governments using the FRP.
G. Authorities
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
The following authorities are the basis for the development of this Plan:
1. Nuclear Regulatory Commission Authorization, Public Law 96-295, June 30, 1980, Section 304. This
authorization requires the President to prepare and publish a "National Contingency Plan" (subsequently renamed
the FRERP) to provide for expeditious, efficient, and coordinated action by appropriate Federal agencies to protect
the public health and safety in case of accidents at commercial nuclear power plants.
2, Executive Order (E.O.) 12241, National Contingency Plan, September 29, 1980. This E.O, delegates to the
Director of FEMA the responsibility for publishing the National Contingency Plan (i.e., the FRERP) for accidents at
nuclear power facilities and requires that it be published from time to time in the Federal Register. Executive Order
12241 has been amended by Executive Order 12657, FEMA Assistance in Emergency Preparedness Planning at
Commercial Nuclear Power Plants.
Authorities for the activities of individual Federal agencies appear in Appendix C.
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II. Concept of Operations
A. Introduction
The concept of operations for a response provides for the designation of one agency as the Lead Federal
Agency (LFA) and for the establishment of onscene, interagency response centers. The FRERP describes both the
responsibilities of the LFA and other Federal agencies that may be involved and the functions of each of the
onscene centers.
The concept of operations recognizes the preeminent role of State arid local governments for determining and
implementing any measures to protect life, property, and the environment in areas not under the control of a Federal
agency,
B. Determination of Lead Federal Agency (LFA)
The agency that is responsible for leading and coordinating all aspects of the Federal response is referred to as
the LFA and is determined by the type of emergency. In situations where a Federal agency owns, authorizes,
regulates, or is otherwise deemed responsible for the facility or radiological activity causing the emergency and has
authority to conduct and manage Federal actions onsite, that agency normally will be the LFA.
The following identifies the LFA for each specified type of radiological emergency.
J. Nuclear Facility
a. Licensed by Nuclear Regulatory Commission (NRC) or an Agreement State.
The NRC is the LFA for an emergency that occurs at a fixed facility or regarding an activity licensed
by the NRC or an Agreement State. These include, but are not limited to, commercial nuclear power reactors, fuel
cycle facilities, DOE-owned gaseous diffusion facilities that are operating under NRC regulatory oversight, and
radiopharmaceutical manufacturers.
b. Owned or Operated by DOD or DOE
The LFA is either DOD or DOE, depending on which agency owns or authorizes operation of the
facility. These emergencies may involve reactor operations, nuclear material and weapons production, radioactive
material from nuclear weapons, or other radiological activities.
c. Not Licensed, Owned, or Operated by a Federal Agency or an Agreement State
The EPA is the LFA for an emergency that occurs at a facility not licensed, owned, or operated by a
Federal agency or an Agreement State. These include facilities that possess, handle, store, or process radium or
accelerator-produced radioactive materials.
2. Transportation of Radioactive Materials
a. Shipment of Materials Licensed by NRC or an Agreement State
The NRC is the LFA for an emergency that involves radiological material licensed by the NRC or an
Agreement State.
b. Materials Shipped by or for DOD or DOE
The LFA is either DOD or DOE depending on which of these agencies has custody of the material at
the time of the accident.
c. Shipment of Materials Not Licensed or Owned by a Federal Agency or an Agreement State.
The EPA is the LFA for an emergency that involves radiological material not licensed or owned by a
Federal agency or an Agreement State.
3. Satellites Containing Radioactive Materials
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FEDERA! RADIOLOGICAL EMERGENCY RESPONSE PLAN
NASA is the LFA for NASA spacecraft missions. DOD is the LFA for DOD spacecraft missions, DOE and
EPA provide technical assistance to DOD and NASA.
In the event of an emergency involving a joint U.S. Government and foreign government spacecraft
venture containing radioactive sources and/or classified components, the LFA will be DOD or NASA, as
appropriate. A joint U.S./foreign venture is defined as an activity in which the U.S. Government has an ongoing
interest in the successful completion of the mission and is intimately involved in mission operations. A joint venture
is not created by simply selling or supplying material to a foreign country for use in their spacecraft. DOE and EPA
will provide technical support and assistance to the LFA.
4. Impact from Foreign or Unknown Source
The EPA is the LFA for an emergency that involves radioactive material from a foreign or unknown source
that has actual, potential, or perceived radiological consequences in the United States, its Territories, possessions," or
territorial waters. The foreign or unknown source may be a reactor (e.g., Chernobyl), a spacecraft containing
radioactive material, radioactive fallout from atmospheric testing of nuclear devices, imported radioactively
contaminated material, or a shipment of foreign-owned radioactive material. Unknown sources of radioactive
material refers to that material whose origin and/or radiological nature is not yet established. These types of sources
include contaminated scrap metal or abandoned radioactive material. DOD, DOE, NASA, and NRC provide
technical assistance to EPA.
5. Other Types of Emergencies
In the event of an unforeseen type of emergency not specifically described in this Plan or a situation where
conditions exist involving overlapping responsibility that could cause confusion regarding LFA role and
responsibilities, DOD, DOE, EPA, NASA, and NRC will confer upon receipt of notification of the emergency to
determine which agency is the LFA.
C. Radiological Sabotage and Terrorism
For fixed facilities and materials in transit, responses to radiological emergencies generally do not depend on
the initiating event. The coordinated response to contain or mitigate a threatened or actual release of radioactive
material would be essentially the same whether it resulted from an accidental or deliberate act. For malevolent acts
involving improvised nuclear or radiation dispersal devices, the response is further complicated by the magnitude of
the threat and the need for specialized technical expertise/actions. Therefore, sabotage and terrorism are not treated
as separate types of emergencies; rather, they are considered a complicating dimension of the types listed in Table
II-1.
The Atomic Energy Act directs the Federal Bureau of Investigation (FBI) to investigate all alleged or suspected
criminal violations of the Act. Additionally, the FBI is legally responsible for locating any nuclear weapon, device,
or material and for restoring nuclear facilities to their rightful custodians. In view of its unique responsibilities under
the Atomic Energy Act (amended by the Energy Reorganization Act), the FBI has concluded formal agreements
with the LFAs that provide for interface, coordination, and technical assistance in support of the FBI's mission.
Generally, for fixed facilities and materials in transit, the designated LFA and supporting agencies will perform
the functions delineated in this plan and provide technical support and assistance to the FBI in the performance of its
mission. It would be difficult to outline all the possible scenarios arising from criminal or terrorist activity. As a
result, the Federal response will be tailored to the specific circumstances of the event at hand. For those emergencies
where an LFA is not specifically designated (e.g., improvised nuclear device), the Federal response will be guided
by the established interagency agreements and contingency plans. In accordance with these agreements and plans,
the signatory agency(ies) supporting the FBI will coordinate and manage the technical portion of the response and
activate/request assistance under the FRERP for measures to protect the public health and safety. In all cases, the
FBI will manage and direct the law enforcement and intelligence aspects of the response; coordinating activities
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II. CONCEPT OF OPERATIONS
with appropriate Federal, State, and local agencies within the framework of the FRERP and/or as provided for in
established interagency agreements or plans.
Table II-1.-Identification of Lead Federal Agency for Radiological
Emergencies
Table II-l
IDENTIFICATION OF LEAD FEDERAL AGENCY FOR
RADIOLOGICAL EMERGENCIES
Type of Emergency
Lead Federal
Agency
1. Nuclear Facility
a. Licensed by NRC or an Agreement State
b. Owned or Operated by DOD or DOE
c. Not Licensed, Owned, or Operated by a Federal Agency or
an Agreement State
NRC
DOD or DOE
EPA
2. Transportation of Radioactive Materials
a. Shipment of Materials Licensed by NRC or an Agreement
State.
b. Materials Shipped by or for DOD or DOE
c. Shipment of Materials Not Licensed or Owned by a Federal
Agency or an Agreement State.
NRC
DOD or DOE
EPA
3. Satellites Containing Radioactive Materials
NASA or DOD
4, Impact from Foreign or Unknown Source
EPA
5. Other Types of Emergencies
LFAs confer
D. Response Functions and Responsibilities
1. Onscene Coordination
The LFA will lead and coordinate all Federal onscene actions and assist State and local governments in
determining measures to protect life, property, and the environment. The LFA will ensure that FEMA and other
Federal agencies assist the State and local government agencies in implementing protective actions, if requested by
the State and focal government agencies.
The LFA will coordinate Federal response activities from an onscene location, referred to as the Joint
Operations Center (JOG). Until the LFA has established its base of operations in a JOC, the LFA will accomplish
that coordination from another LFA facility, usually a Headquarters operations center.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
— I
In the absence of existing agreements for radiological emergencies occurring on or with possible consequences
to Indian tribal lands, DOI will provide liaison between federally recognized Indian tribal governments and LFA,
State, and local agencies for coordination of response and protective action efforts. Additionally, DOI will advise
and assist the LFA on economic, social, and political matters in the United States insular areas should a radiological
emergency occur.
2, Onsite Management
The LFA will oversee the onsite response; monitor and support owner or operator activities (when there is
an owner or operator); provide technical support to the owner or operator, if requested; and serve as the principal
Federal source of information about onsite conditions. The LFA will provide a hazard assessment of onsite
conditions that might have significant offsite impact and ensure onsite measures are taken to mitigate offsite
consequences.
3. Radiological Monitoring and Assessment
DOE has the initial responsibility for coordinating the offsite Federal radiological monitoring and
assessment assistance during the response to a radiological emergency. In a prolonged response, EPA will assume
the responsibility for coordinating the assistance at some mutually agreeable time, usually after the emergency
phase.
Some of the participating Federal agencies may have radiological planning and emergency responsibilities
as part of their statutory authority, as well as established working relationships with State counterpart agencies. The
monitoring and assessment activity, coordinated by DOE, does not alter those responsibilities but complements
them by providing for coordination of the initial Federal radiological monitoring and assessment response activity.
Activities will:
1. Support the monitoring and assessment programs of the States;
2. Respond to the assessment needs of the LFA; and
3. Meet statutory responsibilities of participating Federal agencies.
Federal offsite monitoring and assessment activities will be coordinated with those of the State. Federal
agency plans and procedures for implementing this monitoring and assessment activity are designed to be
compatible with the radiological emergency planning requirements for State, local governments, specific facilities,
and existing memoranda of understanding and interagency agreements.
DOE may respond to a State or LFA request for assistance by dispatching a Radiological Assistance
Program (RAP) team. If the situation requires more assistance than a RAP team can provide, DOE will alert or
activate additional resources. These resources may include the establishment of a Federal Radiological Monitoring
and Assessment Center (FRMAC) to be used as an onscene coordination center for Federal radiological assessment
activities. Federal and State agencies are encouraged to collocate their radiological assessment activities.
Federal radiological monitoring and assessment activities will be activated as a component of an FRERP
response or pursuant to a direct request from State or local governments, other Federal agencies, licensees for
radiological materials, industries, or the general public after evaluating the magnitude of the problem and
coordinating with the State(s) involved.
DOE and other participating Federal agencies may learn of an emergency when they are alerted to a
possible problem or receive a request for radiological assistance. DOE will maintain national and regional
coordination offices as points of access to Federal radiological emergency assistance. Requests for Federal
radiological monitoring and assessment assistance will generally be directed to the appropriate DOE radiological
assistance Regional Coordinating Office. Requests also can go directly to DOE's Emergency Operations Center
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II. CONCEPT OF OPERATIONS
(EOC) in Washington, DC. When other agencies receive requests for Federal radiological monitoring and
assessment assistance, they will promptly notify the DOE EOC.
a. Role of Department of Energy (DOE)
(1) Initial Response Coordination Responsibility DOE, as coordinator, has the following
responsibilities;
(a) Coordinate Federal offsite radiological environmental monitoring and assessment activities;
(b) Maintain technical liaison with State and local agencies with monitoring and assessment
responsibilities;
(c) Maintain a common set of all offsite radiological monitoring data, in an accountable, secure, and
retrievable form, and ensure the technical integrity of the FRMAC data;
(d) Provide monitoring data and interpretations, including exposure rate contours, dose projections,
and any other requested radiological assessments, to the LFA, and to the States;
(e) Provide, in cooperation with other Federal agencies, the personnel and equipment needed to
perform radiological monitoring and assessment activities;
(f) Request supplemental assistance and technical support from other Federal agencies as needed; and
(g) Arrange consultation and support services through appropriate Federal agencies to all other entities
(e.g., private contractors) with radiological monitoring functions and capabilities, and technical and medical advice
on handling radiological contamination and population monitoring.
(2) Transition of Response Coordination Responsibility
The DOE FRMAC Director will work closely with the Senior EPA representative to facilitate a
smooth transition of the Federal radiological monitoring and assessment coordination responsibility to EPA at a
mutually agreeable time and after consultation with the States and LFA. The following conditions are intended to be
met prior to this transfer:
(a) The immediate emergency condition has been stabilized;
(b) Offsite releases of radioactive material have ceased, and there is little or no potential for further
unintentional offsite releases;
(c) The offsite radiological conditions have been characterized and the immediate consequences have
been assessed;
(d) An initial long-range monitoring plan has been developed in conjunction with the affected States
and appropriate Federal agencies; and
(e) EPA has received adequate assurances from the other Federal agencies that they will commit the
required resources, personnel, and funds for the duration of the Federal response.
b. Role of the Environmental Protection Agency (EPA)
(1) Prior to assuming responsibility for the FRMAC, EPA will: Provide resources, including personnel,
equipment, and laboratory support (including mobile laboratories), to assist DOE in monitoring radioactivity levels
in the environment;
(2) Assume coordination of Federal radiological monitoring and assessment responsibilities from DOE
after the transition;
(3) Assist in the development and implementation of a long-term monitoring plan;
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
(4) Provide nationwide environmental monitoring data from the Environmental Radiation Ambient
Monitoring Systems for assessing the national impact of the accident.
c. Role of the Lead Federal Agency (LFA)
(1) Ensure that State's needs are addressed.
(2) Approve the release of official Federal offsite monitoring data and assessments.
(3) Provide other available radiological monitoring data to the State and to the FRMAC.
d. Role of Other Federal Agencies
Agencies carrying out responsibilities related to radiological monitoring and assessment during a Federal
response also will coordinate their activities with FRMAC. This coordination will not limit the normal working
relationship between a Federal agency and its State counterparts nor restrict the flow of information from that
agency to the States. The radiological monitoring and assessment responsibilities of the other Federal agencies
include:
(1) Department of Agriculture (USD A)
(a) Inspect meat and meat products, poultry and poultry products, and egg products identified for
interstate and foreign commerce to assure that they are safe for human consumption.
(b) Assist, in conjunction with HHS, in monitoring the production, processing, storage, and
distribution of food through the wholesale level to eliminate contaminated product or to reduce the contamination in
the product to a safe level.
(c) Collect agricultural samples within the Ingestion Exposure Pathway Emergency Planning Zone.
Assist in the evaluation and assessment of data to determine the impact of the emergency on agriculture.
(2) Department of Commerce (DOC)
(a) Prepare operational weather forecasts tailored to support emergency response activities.
(b) Prepare and disseminate predictions of plume trajectories, dispersion, and deposition.
(c) Archive, as a special collection, the meteorological data from national observing systems
applicable to the monitoring and assessment of the response.
(d) Ensure that marine fishery products available to the public are not contaminated.
(e) Provide assistance and reference material for calibrating radiological instruments.
(3) Department of Defense (DOD)
(a) Provide radiological resources to include trained response personnel, specialized radiation
instruments, mobile instrument calibration, repair capabilities, and expertise in site restoration.
(b) Perform special sampling of airborne contamenation on request.
(4) Department of Health and Human Services (HHS)
(a) In conjunction with USDA, inspect production, processing, storage, and distribution facilities for
human food and animal feeds, which may be used in interstate commerce, to assure protection of the public health.
(b) Collect sarrr :es of agricultural products to monitor and assess the extent of contamination as a
basis for recommending or implementing protective actions.
(5) Department of the Interior (DOI)
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II. CONCEPT OF OPERATIONS
|
(a) Provide hydrologic advice arid assistance, including monitoring personnel, equipment, and
laboratory support,
(b) Advise and assist in evaluating processes affecting radioisotopes in soils, including personnel,
equipment, and laboratory support.
(c) Advise and assist in the development of geographical information systems (GIS) databases to be
used in the analysis and assessment of contaminated areas including personnel, equipment, and databases.
(6) Nuclear Regulatory Commission (NRC)
(a) Provide assistance in Federal radiological monitoring and assessment activities during incidents.
(b) Provide, where available, continuous measurement of ambient radiation levels around NRC
licensed facilities, primarily power reactors using thermoluminescent dosimeters (TLD).
4. Protective Action Recommendations
Federal protective action recommendations provide advice to State and local governments on measures that
they should take to avoid or reduce exposure of the public to radiation from a release of radioactive material. This
includes advice on emergency actions such as sheltering, evacuation, and prophylactic use of stable iodine. It also
includes longer term measures to avoid or minimize exposure to residual radiation or exposure through the ingestion
pathway such as restriction of food, temporary relocation, and permanent resettlement.
a. Role of the Lead Federal Agency (LFA)
The LFA will assist State and local authorities, if requested, by advising them on protective actions for
the public. The development or evaluation of protective action recommendations will be based upon the Protective
Action Guides (PAGs) issued by EPA and HHS. In providing such advice, the LFA will use advice from other
Federal agencies with technical expertise on those matters whenever possible. The LFA's responsibilities for the
development, evaluation, and presentation of protective action recommendations are to;
(1) Respond to requests from State and local governments for technical information and assistance;
(2) Consult with representatives from EPA, HHS, USDA, and other Federal agencies as needed to
provide advice to the LFA on protective actions;
(3) Review all recommendations made by other Federal agencies exercising statutory authorities
related to protective actions to ensure consistency;
(4) Prepare a coordinated Federal position on protective action recommendations whenever time
permits; and
(5) Present the Federal assessment of protective action recommendations, in conjunction with FEMA
and other Federal agencies when practical, to State or other offsite authorities.
b. Role of the Advisory Team for Environment, Food, and Health
Advice on environment, food, and health matters will be provided to the LFA through the Advisory
Team for Environment, Food, and Health (Advisory Team) consisting of representatives of EPA, HHS, and USDA
supported by other Federal agencies, as warranted by the circumstances of the emergency. The Advisory Team
provides direct support to the LFA and has no independent authority. The Advisory Team will not release
information or make recommendations to the public unless authorized to do so by the LFA. The Advisory Team
will select a chair for the Team. The Advisory Team will normally collocate with the FRMAC.
For emergencies with potential for causing widespread radiological contamination where no onscene
FRMAC is established, the functions of the Advisory Team may be accomplished in the LFA response facility in
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
I
Washington, DC.
The primary role of the Advisory Team is to provide a mechanism for timely, interagency
coordination of advice to the LFA, States, and other Federal agencies concerning matters related to the following
areas:
(1) Environmental assessments (field monitoring) required for developing recommendations;
(2) PAGs and their application to the emergency;
(3) Protective action recommendations using data and assessment from the FRMAC;
(4) Protective actions to prevent or minimize contamination of milk, food, and water and to prevent or
minimize exposure through ingestion;
(5) Recommendations regarding the disposition of contaminated livestock and poultry;
(6) Recommendations for minimizing losses of agricultural resources from radiation effects;
(7) Availability of food, animal feed, and water supply inspection programs to assure wholesomeness;
(8) Relocation, reentry, and other radiation protection measures prior to recovery;
(9) Recommendations for recovery, return, and cleanup issues;
(10) Health and safety advice or information for the public and for workers;
(11) Estimate effects of radioactive releases on human health and environment;
(12) Guidance on the use of radioprotective substances (e.g., thyroid blocking agents), including
dosage and projected radiation doses that warrant the use of such drugs; and
(13) Other matters, as requested by the LFA.
5. Other Federal Resource Support
FEMA will coordinate the provision of non-radiological (i.e., not related to radiological monitoring and
assessment) Federal resources and assistance to affected State and local governments. The Federal non-radiological
resource and assistance coordination function will be performed at the Disaster Field Office (DFO) (or other
appropriate location established by FEMA).
a. Role of the Federal Emergency Management Agency (FEMA)-
(1) Monitor the status of the Federal response to requests for non-radiological assistance from the affected
States and provide this information to the States.
(2) Keep the LFA informed of requests for assistance from the State and the status of the Federal response.
(3) Identify and inform Federal agencies of actual or apparent omissions, redundancies, or conflicts in
response activity.
(4) Establish and maintain a source of integrated, coordinated information about the status of all
non-radiological resource support activities.
(5) Provide other non-radiological support to Federal agencies responding to the emergency.
b. Role of Other Federal Agencies
In order to properly coordinate activities, Federal agencies responding to requests for non-radiological
support or directly providing such support under statutory authorities will provide liaison personnel to the DFO. The
following indicates types of assistance that may be provided by Federal agencies as needed or requested:
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II. CONCEPT OF OPERATIONS
(1) Department of Agriculture (USDA)
(a) Provide emergency food coupon assistance in officially designated disaster areas, if a need is
determined by officials and if the commercial food system is sufficient to accommodate the use of food coupons.
(b) Provide for placement of USDA donated food supplies from warehouses, local schools, and
other outlets to emergency care centers. These are foods donated to various outlets through USDA food programs.
(c) Provide lists that identify locations of alternate sources of food and livestock feed.
(d) Assist in providing temporary housing for evacuees.
(e) Assess damage to crops, soil, livestock, poultry, and processing facilities; and incorporate
findings in a damage assessment report.
(f) Provide emergency communications assistance to the agricultural community through the State
Research, Education, and Extension Services' electronic mail system.
(2) Department of Commerce (DOC)
Provide radiation shielding materials.
(3) Department of Defense (DOD)
DOD may provide assistance in the form of personnel, logistics and telecommunications, advice
on proper medical treatment of personnel exposed to or contaminated by radioactive materials, and assistance,
including airlift services, when available, upon the request of the LFA or FEMA. Requests for assistance must be
directed to the National Military Command Center or through channels established by prior agreements.
(4) Department of Energy (DOE)-Provide advice on proper medical treatment of personnel exposed to
or contaminated by radioactive materials.
(5) Department of Health and Human Services (HHS)
(a) Ensure the availability of health and medical care and other human services (especially for the
aged, poor, infirm, blind, and others most in need).
(b) Assist in providing crisis counseling to victims in affected geographic areas.
(c) Provide guidance to State and local health officials on disease control measures and
epidemiological surveillance and study of exposed populations.
(d) Provide advice on proper medical treatment of personnel exposed to or contaminated by
radioactive materials.
(e) Provide advice and guidance in assessing the impact of the effects of radiological incidents on
the health of persons in the affected area.
(6) Department of Housing and Urban Development (HUD)
(a) Review and report on available housing for disaster victims and displaced persons.
(b) Assist in planning for and placing homeless victims in available housing.
(c) Provide staff to support emergency housing within available resources.
(d) Provide housing assistance and advisory personnel.
(7) Department of the Interior (DOI)
Advise and assist in assessing impacts to economic, social, and political issues relating to natural
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
resources, including fish and wildlife, subsistence uses, public lands, Indian Tribal lands, land reclamation, mining,
minerals, and water resources.
(8) Department of Transportation (DOT)
(a) Support State and local governments by identifying sources of civil transportation on request
and when consistent with statutory responsibilities.
(b) Coordinate the Federal civil transportation response in support of emergency transportation
plans and actions with State and local governments. (This may include provision of Federally controlled
transportation assets and the controlling of airspace or transportation routes to protect commercial transportation and
to facilitate the movement of response resources to the scene.)
(c) Provide Regional Emergency Transportation Coordinators and staff to assist State and local
authorities in planning and response.
(d) Provide technical advice and assistance on the transportation of radiological materials and the
impact of the incident on the transportation system.
(9) Department of Veterans Affairs (VA)
(a) Provide medical assistance using Medical Emergency Radiological Response Teams
(MERRTs).
(b) Provide temporary housing.
(10) General Services Administration (GSA)
(a) Provide acquisition and procurement of floor space, telecommunications and automated data
processing services, supplies, services, transportation, computers, contracting, equipment, and material; as well as
specified logistical services that exceed the capabilities of other Federal agencies.
(b) Activate the Regional Emergency Communications Planner (RECP) and a Federal Emergency
Communications Coordinator (FECC). RECP will provide technical support and accept guidance from the FEMA
Regional Director during the pre-deployment phase of a telecommunications emergency.
(c) Upon request, will dispatch the FECC to the scene to expedite the provision of the
telecommunications services.
(11) National Communications System (NCS)
Acting through its operational element, the National Coordinating Center for Telecommunications
(NCC), the NCS will ensure the provision of adequate telecommunications support to Federal FRERP operations.
6, Public Information Coordination
Public information coordination is most effective when the owner/operator, Federal, State, local, and other
relevant information sources participate jointly. The primaiy location for linking these sources is the Joint
Information Center (JIC).
Prior to the establishment of Federal operations at the JIC, it may be necessary to release Federal
information regarding public health and safety. In these instances, Federal agencies will coordinate with the LFA
and the State in advance or as soon as possible after the information has been released.
This coordination will accomplish the following;
1. Compile information about the status of the emergency, response actions, and instructions for the affected
population;
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II. CONCEPT OF OPERATIONS
\
2. Coordinate all information from various sources with the other Federal, State, local, and non-governmental
response organizations;
3. Allow various sources to work cooperatively, yet maintain their independence in disseminating
information;
4. Disseminate timely, consistent, and accurate information to the public and the news media; and
5. Establish coordinated arrangements for dealing with citizen inquiries,
a. Role of the Lead Federal Agency (LFA)
The LFA is responsible for information on the status of the overall Federal response, specific LFA
response activities, and the status of onsite conditions.
The LFA will:
(1) Develop joint information procedures for providing Federal information to and for obtaining
information from all Federal agencies participating in the response;
(2) Work with the owner/operator and State and local government information officers to develop
timely coordinated public information releases;
(3) Inform the media that the JIC is the primary source of onscene public information and news from
facility, local, State, and Federal spokespersons;
(4) Establish and manage Federal public information operations at the JIC; and
(5) Coordinate Federal public information among the various media centers.
b. Role of the Federal Emergency Management Agency (FEMA)
FEMA will assist the LFA in coordinating non-radiological information among Federal agencies and
with the State. When mutually agreeable, FEMA may assume responsibility from the LFA for coordinating Federal
public information. Should this occur, it will usually be after the onsite situation has been stabilized and recovery
efforts have begun.
c. Role of Other Participating Agencies
All Federal agencies with an operational response role under the FRERP will coordinate public
information activities at the JIC. Each Federal agency will provide information on the status of its response and on
technical information.
7. Congressional and White House Coordination
a. Congressional Coordination
Federal agencies will coordinate their responses to Congressional requests for information with the
LFA. Points of contact for this function are the Congressional Liaison Officers. All Federal agency Congressional
Liaison Officers and Congressional staffs seeking site-specific information about the emergency should contact the
LFA headquarters Congressional Affairs Office. Congress may request information directly from any Federal
agency. Any agency responding to such requests should inform the LFA as soon as feasible.
b. White House Coordination
The LFA will report to the President nd keep the White House informed on all aspects of the
emergency. The White House may request information directly from any Federal agency. Any agency responding to
such requests should inform the LFA as soon as feasible. The LFA will submit reports to the White House. The
initial report should cover, if possible, the nature of and prognosis for the radiological situation causing the
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
emergency and the actual or potential offsite radiological impact. Subsequent reports by the LFA should cover the
status of mitigation, corrective actions, protective measures, and overall Federal response to the emergency. Federal
agencies should provide information related to the technical and radiological aspects of the response directly to the
LFA. FEMA will compile information related to the non-radiological resource support aspects of the response and
submit to the LFA for inclusion in the report(s).
8. International Coordination
In the event of an environmental impact or potential impact upon the United States, its possessions,
Territories, or territorial waters from a radiological emergency originating on foreign soil or, conversely, a domestic
incident with an actual or potential foreign impact, the LFA will immediately inform DOS (which has responsibility
for official interactions with foreign governments). The LFA will keep DOS informed of all Federal response
activities. The DOS will coordinate notification and information gathering activities with foreign governments,
except in cases where existing bilateral agreements permit direct communication. Where the LFA has existing
bilateral agreements that permit direct exchange of information, those agencies should keep DOS informed of
consultations with their foreign counterparts. Agency officials should take care that consultations do" not exceed the
scope of the relevant agreement(s). The LFA will ensure that any offers of assistance to or requests from foreign
governments are coordinated with DOS.
9. Response Function Overview
Table II-2 provides an overview of the responsible Federal agencies for major response functions.
Table II-2.-Response Function Overview
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II. CONCEPT OF OPERATIONS
I :
Table II-2
RESPONSE FUNCTION OVERVIEW
Response action
Responsible agency
(1) Maintain cognizance of the Federal response; conduct and manage Federal
onsite actions.
LFA
(2) Coordinate Federal offsite radiological monitoring and assessment:
-Initial Response
-Intermediate and Long-Term Response
DOE
EPA
(3) Develop and evaluate recommendations for offsite protective actions for the
public.
LFA, in coordination with
other agencies
(4) Present recommendations for offsite protective actions to the appropriate State
and/or local officials.
LFA, in conjunction with
FEMA and other Federal
agencies when practical.
(5) Coordinate Federal offsite non-radiological, resource support.
FEMA
(6) Coordinate release of Federal information to public.
LFA; FEMA after mutual
agreement
(7) Coordinate release of Federal information to Congress
LFA
(8) Provide reports to the President and keep the White House informed on all
aspects of the emergency
LFA
(9) Coordinate international aspects and make required international notifications
DOS; LFA as appropriate
(10) Coordinate the law enforcement aspects of a criminal act involving
radioactive material
DOJ/FBI
E. Stages of the Federal Response
The Federal response is divided into five stages: Notification, Activation and Deployment, Response
Operations, Response Deactivation, and Recoveiy.
1. Notification
The owner or operator of the facility or radiological activity is generally the first to become aware of a
radiological emergency and is responsible for notifying the State and local authorities and the LFA. The notification
should include location and nature of the accident, an assessment of the severity of the problem, potential and actual
offsite consequences, and ilnitial response actions.
If any Federal agency receives notification from any source other than FEMA or the LFA, the agency will
notify the LFA. See Figure II-1 for the notification process.
a. Role of the Lead Federal Agency (LFA)
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
(1) Verify accuracy of notification;
(2) Notify FEMA and advisory team agencies and provide information;
(3) Verify that other Federal agencies have been notified; and
(4) Verify that the State has been notified.
b. Role of Federal Emergency Management Agency (FEMA)
(1) Verify that the State has been notified of the emergency; and
(2) Notify other Federal agencies as appropriate.
2. Activation and Deployment
Once notified, each agency will respond according to its plan. The LFA will assess the technical response
requirements and cause the activation and deployment of response components. FEMA, in conjunction with the
LFA, will coordinate the non-radiological assistance in support of State and local governments. Initially, the LFA,
FEMA, and other Federal agencies will coordinate response actions from their headquarters locations, usually from
their respective headquarters EOCs.
a. Role of the Lead Federal Agency (LFA)
(1) Deploy LFA response personnel to the scene and provide liaison to the State and local authorities
as appropriate;
(2) Designate a Federal Onscene Commander (OSC) at the scene of the emergency to manage onsite
activities and coordinate the overall Federal response to the emergency;
(3) E.-.tablish bases of Federal operation, such as the JOC and the JIC;
(4) Coordinate the Federal response with the owner/operator; and
(5) Provide advice on the radiological hazard to the Federal responders.
b. Role of Federal Emergency Management Agency (FEMA)
(1) Activate a Regional Operations Center (ROC) to monitor the situation;
(2) Establish contact with the LFA and the affected State to determine the status of non-radiological
response requirements;
(3) Designate a Senior FEMA Official (SFO) to coordinate activities with the LFA; and
(4) Coordinate the provision of non-radiological Federal resources and assistance.
c. Role of Other Federal Agencies
(1) Designate an onscene Senior Agency Official;
(2) Activate agency emergency response personnel and deploy them to the scene;
(3) Deploy FRMAC assets;
(4) Deploy Advisory Team representatives;
(5) Keep the LFA and FEMA informed of status of response activities; and
(6) Coordinate all State requests and offsite activities with the LFA and FEMA, as appropriate.
3. Response Operations
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II. CONCEPT OF OPERATIONS
I
The following describes the general operational structure for meeting Federal agency roles and
responsibilities in response to a radiological emergency. At the headquarters level, the LFA, FEMA, and other
Federal agencies (OFAs) will generally exchange liaison personnel and maintain staffs at their EOCs to support
their respective onscene operations. Federal agencies may also activate a regional or field office EOC in support of
the emergency. Figure 11-2 provides a graphic depiction of the onscene structure.
a. Joint Operations Center (JOC)
The JOC 'is established by the LFA under the operational control of the Federal OSC as the focal point
for management and direction of onsite activities, establishment of State requirements and priorities, and
coordination of the overall Federal response. The JOC may be established in a separate onscene location or
collocated with an existing emergency operations facility. The following elements may be represented in the JOC:
(1) LFA staff and onsite liaison;
(2) FEMA/DFO liaison;
(3) FRMAC liaison;
(4) Advisory Team liaison;
(5) Other Federal agency liaison, as needed;
(6) LFA Public information liaison;
(?) LFA Congressional liaison; and
(8) State and local liaison.
b. Disaster Field Office (DFO)
The DFO is established by FEMA as the focal point for the coordination and provision of
non-radiological resource support based on coordinated State requirements/priorities. The DFO is established at an
onscene location in coordination with State and local authorities and other Federal agencies. The following elements
may be represented in the DFO:
(1) LFA liaison;
(2) Other appropriate Federal agency personnel;
(3) State and local liaison;
(4) Public information liaison; and
(5) Congressional liaison.
c. Federal Radiological Monitoring and Assessment Center (FRMAC)
The FRMAC is established by DOE (with subsequent transfer to EPA for intermediate and long-term
actions) for the coordination of Federal radiological monitoring and assessment activities with that of State and local
agencies. The FRMAC is established at an onscene location in coordination with State arid local authorities and
other Federal agencies. The following elements may be represented in the FRMAC:
(1) DOE/DOE contractor technical staff and capabilities;
1 For NRC reactor licensees, the JOC is within the Emergency Operations Facility (EOF). The EOF
would be staffed in accordance with the owner/operator's site-specific Emergency Plan.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
(2) EPA/EPA contractor techr- 1 staff and capabilities;
(3) DOC technical staff and capabilities;
(4) LFA technical liaison;
(5) DOE public information liaison;
(6) Other Federal agency liaisons, as needed;
(7) State and local liaison; and
(8) DFO liaison.
d. Advisory Team for Environment, Food, and Health
The Advisory Team is established by representatives from EPA, USDA, HHS, and other Federal
agencies as needed for the provision of interagency coordinated advice and recommendations to the State and LFA
concerning environmental, food, and health matters. For the ease of transfer of radiological monitoring and
assessment data and coordination with Federal, State, and local representatives, the Advisory Team is normally
collocated with the FRMAC.
e. Joint Information Center (JIC)
The JIC2 is established by the LFA, under the operational control of the LFA-designated Public
Information Officer, as a focal point for the coordination and provision of information to the public and media
concerning the Federal response to the emergency. The JIC is established at an onscene location in coordination
with State and local agencies and other Federal agencies. The following elements should be represented at the JIC:
(1) LFA Public Information Officer and staff;
(2) FEMA Public Information Officer and staff;
(3) Other Federal agency Public Information, as needed;
(4) State and local Public Information Officers; and
(5) Owner/Operator Public Information Officers and staff.
4. Response Deactivation
a. Each agency will discontinue emergency response operations when advised that Federal assistance is
no longer required from their agency or when its statutory responsibilities have been fulfilled. Prior to discontinuing
its response operation, each agency should discuss its intent to do so with the LFA, FEMA, and the State.
b. The LFA will consult with participating Federal agencies and the State and local government to
determine when the Federal information coordination operations at the JIC should be terminated. This will occur
normally at a time when the rate of information generated and coordinated by the LFA has decreased to the point
where it can be handled through the normal day-to-day coordination process. The LFA will inform the other
participants of their intention to deactivate Federal information coordination operations at the JIC and advise them
of the procedures for continued coordination of information pertinent to recovery from the radiological emergency.
c. FEMA will consult with the LFA, other Federal agencies, and the State(s) as to when the onscene
coordination of non-radiological assistance is no longer required. Prior to ending operations at the DFO, FEMA will
inform all participating organizations of the schedule for doing so.
2 For NRC licensees, the Federal JIC is within the JIC established by the owner/operator
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II. CONCEPT OF OPERATIONS
I
d. The LFA will terminate JOC operations and the Federal response after consulting with FEMA, other
participating Federal agencies, and State and local officials, and after determining that onscene Federal assistance is
no longer required.
e. The agency managing the FRMAC will consult with the LFA, FEMA, other participating Federal
agencies, and State and local officials to determine when a formal FRMAC structure and organization is no longer
required. Normally, this will occur when operations move into the recovery phase and extensive Federal
multi-agency resources are no longer required to augment State and local radiological monitoring and assessment
activities.
5. Recovery
a. The State or local governments have the primary responsibility for planning the recovery of the
affected area. (The term recovery as used here encompasses any action dedicated to the continued protection of the
public and resumption of normal activities in the affected area.) Recovery planning will be initiated at the request of
the States, but it will generally not take place until after the initiating conditions of the emergency have stabilized
and immediate actions to protect public health and safety and property have been accomplished. The Federal
Government will, on request, assist the State and local governments in developing offsite recovery plans, prior to
the deactivation of the Federal response. The LFA will coordinate the overall activity of Federal agencies involved
in the recovery process,
b. The radiological monitoring and assessment activities will be terminated when the EPA, after
consultation with the LFA and other participating Federal agencies, and State and local officials, determines that:
(1) There is no longer a threat to the public health and safety or to the environment,
(2) State and local resources are adequate for the situation, and
(3) There is mutual agreement of the agencies involved to terminate the response.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
Appendix A: Acronyms
CFR Code of Federal Regulations
DFO Disaster Field Office
DOC Department of Commerce
DOD Department of Defense
DOE Department of Energy
DOI Department of the Interior
DOJ Department of Justice
DOS Department of State
DOT Department of Transportation
EICC Emergency Information and Coordination Center
EO Executive Order
EOC Emergency Operations Center
EPA Environmental Protection Agency
ERT Emergency Response Team
ERT-A Emergency Response Team-Advance Element
FBI Federal Bureau of Investigation
FCO Federal Coordinating Officer
FECC Federal Emergency Communications Coordinator
FEMA Federal Emergency Management Agency
FRERP Federal Radiological Emergency Response Plan
FRMAC Federal Radiological Monitoring and Assessment Center
FRP Federal Response Plan
FRPCC Federal Radiological Preparedness Coordinating Committee
GIS Geographical Information Systems
GSA General Services Administration
HHS Department of Health and Human Services
HUD Department of Housing and Urban Development
JIC Joint Information Center
JOC Joint Operations Center
LFA Lead Federal Agency
MERRT Medical Emergency Radiological Response Team
NASA National Aeronautics and Space Administration
NCC National Coordinating Center for Telecommunications
NCS National Communications System
NDA National Defense Area
NOAA National Oceanic and Atmospheric Administration (DOC)
NRC Nuclear Regulatory Commission
NSA National Security Area
OSC Onscene Commander
PAG Protective Action Guide
PIO Public Information Officer
RAP Radiological Assistance Program (DOE)
RECP Regional Emergency Communications Planner
SCO State Coordinating Officer
SFO Senior FEMA Official
TLD thermoluminescent dosimeter
USDA United States Department of Agriculture
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Department of Veterans Affairs
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
I
Appendix B-Definitions
Advisory Team for Environment, Food, and Health An interagency team, consisting of representatives from
EPA, HHS, USDA, and representatives from other Federal agencies as necessary, that provides advice to the LFA
and States, as requested on matters associated with environment, food, and health issues during a radiological
emergency.
Agreement State A State that has entered into an Agreement under the Atomic Energy Act of 1954, as amended,
in which NRC has relinquished to such States the majority of its regulatory authority over source, byproduct, and
special nuclear material in quantities not sufficient to form a critical mass.
Assessment The evaluation and interpretation of radiological measurements and other information to provide a
basis for decision-making. Assessment can include projections of offsite radiological impact.
Coordinate To advance systematically an exchange of information among principals who have or may have a
need to know certain information in order to carry out their role in a response.
Disaster Field Office (DFO) A center established in or near the designated area from which the Federal
Coordinating Officer (FCO) and representatives of Federal response agencies will interact with State and local
government representatives tocoordinate non-technical resource support.
Emergency Any natural or man-caused situation that results in or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
Emergency Response Team (ERT) A team of Federal interagency personnel headed by FEMA and deployed to
the site of an emergency to serve as the FCO's key staff and assist with accomplishing FEMA responsibilities at the
DFO.
Federal Coordinating Officer (FCO) The Federal official appointed in accordance with the provisions of P.L.
93-288, as amended, to coordinate the overall response and recovery activities under a major disaster or emergency
declaration. The FCO represents the President as provided by Section 302 of P.L, 93-288, as amended, for the
purpose of coordinating the administration of Federal relief activities in the designated area. Additionally, the FCO
is delegated responsibilities and performs those for the FEMA Director as outlined in Executive Order 12148, and
those responsibilities delegated to the FEMA Regional Director in Title 44 Code of Federal Regulations, Part 206.
Federal Radiological Monitoring and Assessment Center (FRMAC) An operations center usually established
near the scene of a radiological emergency from which the Federal field monitoring and assessment assistance is
directed and coordinated.
Federal Radiological Preparedness Coordinating Committee (FRPCC) An interagency committee, created under
44 CFR Part 351, to coordinate Federal radiological planning and training.
Federal Response Plan (FRP) The plan designed to address the consequences of any disaster or emergency
situation in which there is a need for Federal assistance under the authorities of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
FRMAC Director The person designated by DOE or EPA to manage operations in the FRMAC.
Joint Information Center (JIC) A center established to coordinate the Federal public information activities
onscene. It is the central point of contact for all news media at the scene of the incident. Public information officials
from all participating Federal agencies should collocate at the JIC. Public information officials from participating
State and local agencies also may collocate at the JIC.
Joint Operations Center (JOC) Established by the LFA under the operational control of the OSC, as the focal
point for management and direction of onsite activities, coordination/establishment of State requirements/priorities,
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APPENDIX B: DEFINITIONS
and coordination of the overall Federal response.
Joint U.S. Government/Foreign Government Space Venture Any space venture conducted jointly by the U.S.
Government (DOD or NASA) with a foreign government or foreign governmental entity that is characterized by an
ongoing U.S. Government interest in the successful completion of the mission, active involvement in mission
operations, and uses radioactive sources and/or classified components, regardless of which country owns or
provides said sources or components, within the space vehicle. For the purposes of this plan, in a situation whereby
the U.S. Government simply sells or supplies radioactive material to a foreign country for use in a space vehicle and
otherwise has no active mission involvement, it shall not be considered a joint venture.
Lead Federal Agency (LFA) The agency that is responsible for leading and coordinating all aspects of the
Federal response is referred to as the LFA and is determined by the type of emergency. In situations where a Federal
agency owns, authorizes, regulates, or is otherwise deemed responsible for the facility or radiological activity
causing the emergency and has authority to conduct and manage Federal actions onsite, that agency normally will
be the LFA.
License An authorization issued to a facility owner or operator by the NRC pursuant to the conditions of the
Atomic Energy Act of 1954, as amended, or issued by an Agreement State pursuant to appropriate State laws. NRC
licenses certain activities under section 170(a) of that Act.
Local Government Any county, city, village, town, district, or political subdivision of any State, and Indian tribe
or authorized tribal organization, or Alaska Native village or organization, including any rural community or
unincorporated town or village or any other public entity.
Monitoring The use of sampling and radiation detection equipment to determine the levels of radiation.
National Defense Area (NDA) An area established on non-Federal lands located within the United States, its
possessions or its territories, for safeguarding classified defense information or protecting DOD equipment and/or
material. Establishment of a National Defense Area temporarily places such non-Federal lands under the effective
control of the Department of Defense and results only from an emergency event. The senior DOD representative at
the scene shall define the boundary, mark it with a physical barrier, and post warning signs. The landowner's
consent and cooperation shall be obtained whenever possible; however, military necessity shall dictate the final
location, shape, and size of the NDA.
National Security Area (NSA) An area established on non-Federal lands located within the United States, its
possessions or territories, for safeguarding classified information, and/or restricted data or equipment and material
belonging to DOE or NASA. Establishment of a National Security Area temporarily places such non-Federal lands
under the effective control of DOE or NASA and results only from an emergency event. The senior DOE or NASA
representative having custody of the material at the scene shall define the boundary, mark it with a physical barrier,
and post warning signs. The landowner's consent and cooperation shall be obtained whenever possible; however,
operational necessity shall dictate the final location, shape, and size of the NSA.
Nuclear Facilities Nuclear installations that use or produce radioactive materials in their normal operations.
Offsite The area outside the boundary of the onsite area. For emergencies occurring at fixed nuclear facilities,
"offsite" generally refers to the area beyond the facility boundary. For emergencies that do not occur at fixed
nuclear facilities and for which no physical boundary exists, the circumstances of the emergency will dictate the
boundary of the offsite area. Unless a Federal agency has the authority to define and control a restricted area, the
State or local government will define an area as "onsite" at the time of the emergency, based on required response
activities.
Offsite Federal Support Federal assistance in mitigating the offsite consequences of an emergency and protecting
the public health and safety, including assistance with determining and implementing public protective action
measures.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
Onscene The area directly affected by radiological contamination and environs. Onscene includes onsite and
offsite areas.
Onscene Commander (OSC) The lead official designated at the scene of the emergency to manage onsite
activities and coordinate the overall Federal response to the emergency.
Onsite The area within (a) the boundary established by the owner or operator of a fixed nuclear facility, or (b)
the area established by the LFA as a National Defense Area or National Security Area, or (c) the area established
around a downed/ditched U.S. spacecraft, or (d) the boundary established at the time of the emergency by the State
or local government with jurisdiction for a transportation accident not occurring at a fixed nuclear facility and not
involving nuclear weapons.
Onsite Federal Support Federal assistance that is the primary responsibility of the Federal agency that owns,
authorizes, regulates, or is otherwise deemed responsible for the radiological facility or material being transported,
i.e., the LFA. This response supports State and local efforts by supporting the owner or operator's efforts to bring
the incident under control and thereby prevent or minimize offsite consequences.
Owner or Operator The organization that owns or operates the nuclear facility or carrier or cargo that causes the
radiological emergency. The owner or operator may be a Federal agency, a State or local government, or a private
business.
Protective Action Guide (PAG) A radiation exposure or contamination level or range established by appropriate
Federal or State agencies at which protective actions should be considered.
Protective Action Recommendation (Federal) Federal advice to State and local governments on measures that
they should take to avoid or reduce exposure of the public to radiation from an accidental release of radioactive
material. This includes emergency actions such as sheltering, evacuation, and prophylactic use of stable iodine. It
also includes longer term measures to avoid or minimize exposure to residual radiation or exposure through the
ingestion pathway such as restriction of food, temporary relocation, and permanent resettlement. Public
Information Officer (PlO)-Official at headquarters or in the field responsible for preparing and coordinating the
dissemination of public information in cooperation with other responding Federal, State, and local agencies.
Radiological Assistance Program (RAP) Team A response team dispatched to the site of a radiological incident
by the U.S. Department of Energy (DOE) regional coordinating office responding to a radiological incident. RAP
Teams are located at DOE operations offices and national laboratories and some area offices.
Radiological Emergency A radiological incident that poses an actual, potential, or perceived hazard to public
health or safety or loss of property.
Recovery Recovery, in this document, includes all types of emergency actions dedicated to the continued
protection of the public or to promoting the resumption of normal activities in the affected area.
Recovery Plan A plan developed by each State, with assistance from the responding Federal agencies, to restore
the affected area.
Regional Operations Center (ROC) The temporary operations facility for the coordination of Federal response
and recovery activities, located at the FEMA Regional Office (or at the Federal Regional Center) and led by the
FEMA Regional Director or Deputy Regional Director until the DFO becomes operational.
Senior FEMA Official (SFO) Official appointed by the Director of FEMA, or his representative, to initially
direct the FEMA response at the scene of a radiological emergency. Also, acts as the Team Leader for the Advance
Element of the Emergency Response Team (ERT-A).
State Coordinating Officer (SCO) An official designated by the Governor of the affected State to work with the
LFA's Onscene Commander and Senior FEMA Official or Federal Coordinating Officer in coordinating the
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APPENDIX B: DEFINITIONS
response efforts of Federal, State, local, volunteer, and private agencies.
Subcommittee on Federal Response A subcommittee of the Federal Radiological Preparedness Coordinating
Committee formed to develop and test the Federal Radiological Emergency Response Plan. Most agencies that will
participate in the Federal radiological emergency response are represented on this subcommittee.
Transportation Emergency For the purposes of this plan, any emergency that involves a transportation vehicle or
shipment containing radioactive materials outside the boundaries of a facility.
Transportation of Radioactive Materials The loading, unloading, movement, or temporary storage en route of
radioactive materials.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
Each Federal agency develops and maintains a plan that describes a detailed concept of operations for
implementing this Plan. This section contains summary information about the following Federal agencies:
Department of Agriculture (USDA)
Department of Commerce (DOC)
Department of Defense (DOD)
Department of Energy (DOE)
Department of Health and Human Services (HHS)
Department of Housing and Urban Development (HUD)
Department of the Interior (DOI)
Department of Justice (DOJ)
Department of State (DOS)
Department of Transportation (DOT)
Department of Veterans Affairs (VA)
Environmental Protection Agency (EPA)
Federal Emergency Management Agency (FEMA)
General Services Administration (GSA)
National Aeronautics and Space Administration (NASA)
National Communications System (NCS)
Nuclear Regulatory Commission (NRC)
Summary information for each agency contains: (1) a response mission statement, (2) a description of the
agency's response capabilities and resources, (3) agency response plan and procedures references, and (4) sources of
agency authority,
A. Department of Agriculture
1. Summary of Response Mission
The United States Department of Agriculture (USDA) provides assistance to State and local governments
in developing agricultural protective action recommendations and in providing agricultural damage assessments.
USDA will actively participate with EPA and HHS on the Advisory Team for Environment, Food, and Health when
convened, USDA regulatory responsibilities for the inspection of meat, meat products, poultry, poultry products,
and egg products are essential uninterruptible functions that would continue during an emergency.
2. Capabilities and Resources
USDA can provide assistance to State and local governments through emergency response personnel
located at its Washington, DC, headquarters and from USDA State and County Emergency Board representatives
located throughout the country. USDA Emergency Board representatives have knowledge of local agriculture and
can provide specific advice to the local agricultural community. In addition, USDA State and County Emergency
Boards can assist in the collection of agricultural samples during a radiological emergency. USDA actively
participates with EPA and HHS on the Advisory Team when convened.
The functions and capabilities of the USDA to provide assistance in the event of a radiological emergency
include the following:
a. Provide assistance through regular USDA programs, if legally adaptable to radiological emergencies;
b. Provide emergency food coupon assistance in officially designated disaster areas, if a need is determined
by officials and if the commercial food system is sufficient to accommodate the use of food coupons;
c. Assist in reallocation of USDA-donated food supplies from warehouses, local schools, and other outlets
to emergency care centers. These are foods donated to various outlets through USDA food programs;
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APPENDIX B: DEFINITIONS
d. Provide lists that identify locations of alternate sources of food and livestock feed and arrange for
transportation of the food and feed if requested;
e. Provide advice to State and local officials regarding the disposition of livestock and poultry
contaminated by radiation;
f. Inspect meat and meat products, poultry and poultry products, and egg products identified for interstate
and foreign commerce to assure that they are safe for human consumption;
g. Assist State and local officials, in coordination with HHS and EPA, in the recommendation and
implementation of protective actions to limit or prevent the ingestion of contaminated food;
h. Assist, in conjunction with HHS, in monitoring the production, processing, storage, and distribution of
food through the wholesale level to eliminate contaminated product or to reduce the contamination in the product to
a safe level;
i. Assess damage to crops, soil, livestock, poultry, and processing facilities; and incorporate findings into a
damage assessment report;
j. Provide advice to State and local officials on minimizing losses to agricultural resources from radiation
effects;
k. Provide information and assistance to farmers, food processors, and distributors to aid them in returning
to normal after a radiological emergency;
1. Provide a liaison to State agricultural agencies if requested;
m. Assist DOE at the FRMAC in collecting agricultural samples within the Ingestion Exposure Pathway
Emergency Planning Zone. Assist in the evaluation and assessment of data to determine the impact of the
emergency on agriculture;
n. Assist in providing temporary housing for evacuees who have been displaced from their homes due to a
radiological emergency; and
o. Provide emergency communications assistance to the agricultural community through the Cooperative
Extension System, an electronic mail system.
3. USDA References
USDA Radiological Emergency Response Plan, January 1988.
4. USDA Specific Authorities
a. Title 7, U.S.C. §241-273.
b. Title 7, U.S.C. § 341-349.
c. Title 7, U.S.C. §612 C.
d. Title 7, U.S.C. § 612 C Note.
e. Title 7, U.S.C. § 1431.
f. Title 7, U.S.C. § 1622.
g. Title 7, U.S.C. §2014(h).
h. Title 7, U.S.C. § 2204.
i. Title 16, U.S.C. § 590 a-f.
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
j. Title 21, U.S.C. § 451 et seq.
k. Title 21, U.S.C. § 601 etseq.
1. Title 21, U.S.C. § 1031-1056.
m. Title 42, U.S.C. § 1480.
n. Title 42, U.S.C. §§ 3271-3274.
o. Title 50, U.S.C. Appendix § 2251 et seq.
p. Title 7, CFR2.51 (a)(30).
q. E.O. 12656, November 18, 1988.
r. DR 1800-1, March 5, 1993.
B. Department of Commerce
1. Summary of Response Mission
The National Oceanic and Atmospheric Administration (NOAA) is the primary agency within the Department of
Commerce (DOC) responsible for providing assistance to the Federal, State, and local organizations responding to a
radiological emergency. Other assistance may be provided by the National Institute of Standards and Technology.
DOC's responsibilities include:
a. Acquiring and disseminating weather data and providing weather forecasts in direct support of the
emergency response operation;
b. Preparing and disseminating predictions of plume trajectories, dispersion, and deposition of radiological
material released into the atmosphere;
c. Providing local meteorological support as needed to assure the quality of these predictions;
d. Organizing and maintaining a special data archive for meteorological information related to the
emergency and its assessment;
e. Ensuring that marine fishery products available to the public are not contaminated;
f. Providing assistance and reference material for calibrating radiological instruments; and
g. Providing radiation shielding materials.
2. Capabilities and Resources
NOAA is the principal DOC participant in the response to a radiation accident. NOAA prepares both
routine and special weather forecasts, and makes use of these forecasts to predict atmospheric transport and
dispersion. NOAA's forecasts may be the basis for all public announcements on the movement of contamination
from accidents occurring outside U.S. territory or during domestic accidents when any released radioactive material
is expected to be carried offsite. NOAA has capabilities to do the following:
a. Provide current and forecast meteorological information as needed to guide aerial monitoring and
sampling, and to predict the transport and dispersion of radioactive materials (gases, liquids, and particles).
b. Routinely forecast the atmospheric transport, dispersion, and deposition of the radioactive materials, and
disseminate the results of these computations via automatic facsimile to all relevant parties, twice per day.
c. Produce (and archive) special high-resolution meteorological data sets for providing an improved
capability to predict atmospheric transport and dispersion of radioactive materials in the atmosphere.
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APPENDIX B: DEFINITIONS
d. Augment routine and special upper atmosphere and surface meteorological observation systems, as
required to improve the quality of these predictions.
e. Evaluate NOAA's transport and dispersion forecast products in conjunction with those of other nations'
weather services responding to the emergency, to provide a more internationally consistent product.
Additionally, DOC may provide support to HHS at its request, through the National Marine Fisheries
Service, in order to avoid human consumption of contaminated commercial fishery products (marine area only). The
National Institute of Standards and Technology can assist in calibrating radiological instruments by comparison
with national standards or by providing standard reference materials for calibration, as well as making extensive
data on the physical properties of materials available. The National Institute of Standards and Technology can also
supply temporary radiation shielding materials,
3. DOC References
a. National Plan for Radiological Emergencies at Commercial Nuclear Power Plants.
B. Federal Coordinator for Meteorological Services and Supporting Research, National Oceanic and
Atmospheric Administration, November 1982.
4. DOC Specific Authorities
Department of Commerce Organization Order 25-5B, as amended, June 18, 1987.
C. Department of Defense
1. Summary of Response Mission
The Department of Defense (DOD) is charged with the safe handling, storage, maintenance, assembly, and
transportation of nuclear weapons and other radioactive materials in DOD custody, and with the safe operation of
DOD nuclear facilities. Inherent in this responsibility is the requirement to protect life and property from any health
or safety hazards that could ensue from an accident or significant incident associated with these materials or
activities.
The DOD role in a Federal response will depend on the circumstances of the emergency. DOD will be the LFA
if the emergency involves one of its facilities or a nuclear weapon in its custody. Within DOD, the military service
or agency responsible for the facility, ship, or area is responsible for the onsite response. The military service or
agency having custody of the material outside an installation boundary is responsible for the onsite response. For
emergencies occurring under circumstances for which DOD is not responsible, DOD will not be the LFA, but will
support and assist in the Federal response.
2. Capabilities and Resources
Offsite authority and responsibility at a nuclear accident rest with State and local officials. It is important to
recognize that for nuclear weapons or weapon component accidents, land may be temporarily placed under effective
Federal control by the establishment of a National Defense Area or National Security Area to protect U.S.
Government classified materials. These lands will revert to State control upon disestablishment of the National
Defense Area or National Security Area.
DOD has a trained and equipped nuclear response organization to deal with accidents at its facilities or
involving materials in its custody. Radiological resources include trained response personnel, specialized radiation
instruments, and mobile instrument calibration and repair capabilities. DOD also may perform special sampling of
airborne contamination on request. Descriptions of the capabilities and assets of DOD response teams can be found
in DOD 5100.52M.
DOD may provide assistance in the form of personnel, logistics and telecommunications, assistance and
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
expertise in site restoration, including airlift services, when available, upon the request of the LFA or FEMA.
Requests for assistance must be directed to the National Military Command Center or through channels established
by prior agreements.
3. DOD References
a. DOD Directive 5100.52, DOD Response to an Accident or Significant Incident Involving Radiological
Materials,
b. DOD Directive 5230.16, Nuclear Accident and Incident Public Affairs Guidance.
c. DOD Directive 3025.1, Military Support to Civil Authorities.
d. DOD Directive 3025.12, Military Assistance for Civil Disturbances.
e. DOD Directive 3150.5, DOD Response to Improvised Nuclear Device (IND) Incident.
f. DOD 5100.52M, Nuclear Weapon Accident Response Procedures (NARP) Manual.
g. Joint Federal Bureau of Investigation, Department of Energy, and Department of Defense Agreement for
Response to Improvised Nuclear Device Incidents.
4. DOD Specific Authorities
a. The Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2284.
b. Public Law 97-351, "Convention on the Physical Protection of Nuclear Material Implementation Act of
1982."
c. Department of Defense, Department of Energy, Federal Emergency Management Agency Memorandum
of Agreement on Response to Nuclear Weapon Accidents and Nuclear Weapon Significant Incidents, 1983.
D. Department of Energy
1. Summary of Response Mission
The Department of Energy (DOE) owns and operates a variety of radiological activities throughout the
United States. These activities include: fixed nuclear sites; the use, storage, and shipment of a variety of radioactive
materials; the shipment of spent reactor fuel; the production, assembly, and shipment of nuclear weapons and
special nuclear materials; the production and shipment of radioactive sources for space ventures; and the storage and
shipment of radioactive and mixed waste. DOE is responsible for the safe operation of these activities and should an
emergency occur at one of its sites or an activity under its control, DOE will be the LFA for the Federal response.
Due to its technical capabilities and resources, the DOE may perform other roles within the Federal
response to a radiological emergency. With extensive, field-based radiological resources throughout the United
States available for emergency deployment, the DOE responds to requests for offsite radiological monitoring and
assessment assistance and serves as the initial coordinator of all such Federal assistance (to include initial
management of the FRMAC) to State and local governments. With other specialized, deployable assets, DOE assists
other Federal agencies responding to malevolent nuclear emergencies, accidents involving nuclear weapons not
under DOE custody, emergencies caused by satellites containing radioactive sources, and other radiological
incidents as appropriate.
2. Capabilities and Resources
DOE has trained personnel, radiological instruments, mobile laboratories, and radioanalytical facilities
located at its national laboratories, production, and other facilities throughout the country. Through eight Regional
Coordinating Offices, these resources form the basis for the Radiological Assistance Program, which can provide
technical assistance in any radiological emergency. DOE can provide specialized radiation detection instruments
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APPENDIX B: DEFINITIONS
|
and support for both its response as LFA and as initial coordinator of Federal radiological monitoring and
assessment assistance. Some of the specialized resources and capabilities include:
a. Aerial monitoring capability for tracking dispersion of radioactive material and mapping ground
contamination;
b. A computer-based, emergency preparedness and response predictive capability that provides rapid
predictions of the transport, diffusion, and deposition of radionuclides released to the atmosphere and dose
projections to people and the environment;
c. Specialized equipment and instruments and response teams for locating radioactive materials and
handling damaged nuclear weapons;
d. Medical experts on radiation effects and the treatment of exposed or contaminated patients; and
e. Support facilities for DOE response, including command post supplies, communications systems,
generators, and portable video and photographic capabilities.
3. DOE References
a. DOE Order 5500.IB, Emergency Management System, April 1991.
b. DOE Order 5500.2B, Emergency Categories, Classes, and Notification and Reporting Requirements,
April 1991.
c. DOE Order 5500.3A, Planning and Preparedness for Operational Emergencies, April 1991.
d. DOE Order 5500.4A, Public Affairs Policy and Planning Requirements for Emergencies, June 1992.
e. DOE Order 5530.1A, Accident Response Group, September 1991.
f. DOE Order 5530.2, Nuclear Emergency Search Team, September 1991.
g. DOE Order 5530.3, Radiological Assistance Program, January 1992.
h. DOE Order 5530.4, Aerial Measuring System, September 1991.
i. DOE Order 5530.5, Federal Radiological Monitoring and Assessment Center, July 1992.
4. DOE Specific Authorities
a. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2284.
b. Energy Reorganization Act of 1974, 42 U.S.C. 5801 et seq.
c. Department of Energy Organization Act of 1977,42 U.S.C. 7101 et seq.
d. Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq.
e. Title 44, Code of Federal Regulations, Part 351, Radiological Emergency Planning and Preparedness, §
351.24, The Department of Energy.
E. Department of Health and Human Services
1. Summary of Response Mission
In a radiological emergency, the Department of Health and Human Services (HHS) assists with the
assessment, preservation, and protection of human health and helps ensure the availability of essential
health/medical and human services. Overall, the Office of Public Health and Science, Office of Emergency
Preparedness, coordinates the HHS emergency response. HHS provides technical and nontechnical assistance in the
form of advice, guidance, and resources to Federal, State, and local governments. The principal HHS response
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
comes from the U.S. Public Health Service. HHS actively participates with EPA and USDA on the Advisory Team
for Environment, Food, and Health when convened.
2. Capabilities and Resources
HHS has personnel located at headquarters, regional offices, and at laboratories and other facilities who
can provide assistance in radiological emergencies. The agency can provide the following kinds of advice, guidance,
and assistance:
a. Assist State and local government officials in making evacuation and relocation decisions;
b. Ensure the availability of health and medical care and other human services (especially for the aged, the
poor, the infirm, the blind, and others most in need);
c. Provide advice and guidance in assessing the impact of the effects of radiological incidents on the health
of persons in the affected area;
d. Assist in providing crisis counseling to victims in affected geographic areas;
e. Provide guidance on the use of radioprotective substances (e.g., thyroid blocking agents), including
dosage, and also projected radiation doses that warrant the use of such drugs;
f. In conjunction with DOE and DOD, advise medical personnel on proper medical treatment of people
exposed to or contaminated by radioactive materials;
g. Recommend Protective Action Guides for food and animal feed and assist in developing technical
recommendations on protective measures for food and animal feed; and
h. Provide guidance to State and local health officials on disease control measures and epidemiological
surveillance and study of exposed populations.
3. HHS References
a. 55 FR 2879, January 29, 1990-Delegations of authority to the Assistant Secretary for Health for
department-wide emergency preparedness functions,
b. 55 FR 2885, January 29, 1990-Statement of organization, functions and delegations of authority to the
Office of Emergency Preparedness.
c. Federal Response Plan, Emergency Support Functions #8 (Health and Medical Services), April 1992.
d. Disaster Response Guides, Operating Divisions, Various Dates.
4. HHS Specific Authorities
a. Public Health Service Act, as amended, 42 U.S.C. 201 et seq.
b. Federal Food, Drug, and Cosmetic Act of 1938, as amended, 21 U.S.C. 301-392.
c. Snyder Act, 25 U.S.C. 13 (1921).
d. Transfer Act, 42 U.S.C. 2004b.
e. Indian Health Care Improvement Act, 25 U.S.C. 1601 et seq.
f. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Title VI, 42 U.S.C.
5195 et seq.
g. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (SUPERFUND), 42
U.S.C. 9601 et seq., as amended by the SUPERFUND Amendments and Reauthorization Act of 1986 (Public Law
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APPENDIX B: DEFINITIONS
99-499) (1986).
h. 42 U.S.C. 3030-Section 310 of the Older Americans Act. i. 42 U.S.C. 601 et seq.-Section 401 et seq. of
the Social Security Act.
j. 45 CFR 233.120-Emergency Community Services Homeless Grant Program.
k. 45 CFR 233.120-AFDC Emergency Assistance Program.
1. 45 CFR 233.20(a)(2)(v)-AFDC Special Needs Allowance.
m. Runaway and Homeless Youth Act, as amended, Section 366(0).
n. Omnibus Budget Reconciliation Act of 1981, Title XXVI (as amended by Public Laws 98-558, 99-425,
101-501, 101-517)-Low Income Home Energy Assistance Program.
o. E.O. 12656, National Security Emergency Preparedness-Part 8.
F. Department of Housing and Urban Development
1. Summary of Response Mission
The Department of Housing and Urban Development (HUD) provides information on available housing for
disaster victims or displaced persons. HUD assists in planning for and placing homeless victims by providing
emergency housing and technical support staff within available resources.
2. Capabilities and Resources
HUD has capabilities to do the following:
a. Review and report on available housing for disaster victims and displaced persons;
b. Assist in planning for and placing homeless victims in available housing;
c. Provide staff to support emergency housing within available resources; and
d. Provide technical housing assistance and advisory personnel.
3. HUD References
HUD Handbook 3200.02, REV-3, "Disaster Response and Assistance."
4. HUD Specific Authorities
HUD housing programs provide the Department some discretion, to the extent permissible by law, in
granting waivers of eligibility requirements to disaster-displaced families. These programs provide rental housing
assistance, HUD/FHA-insured loans to repair and rebuild homes, and HUD/FHA-insured loans to purchase new or
existing housing, under the following authorities:
a. National Housing Act, as amended, 12 U.S.C. 1701 et seq.
b. United States Housing Act of 1977, as amended, 42 U.S.C. 1437c et seq.
c. Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301 et seq.
d. National Affordable Housing Act of 1990 (P.L. 101-625), as amended.
G. Department of the Interior
1. Summary of Response Mission
The Department of the Interior (DOI) manages over 500 million acres of Federal lands and thousands of
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
Federal natural resources facilities and is responsible for these lands and facilities, as well as other natural resources
such as endangered and threatened species, migratory birds, anadromous fish, and marine mammals, when they are
threatened by a radiological emergency. In addition, DOI coordinates emergency response plans for DOI-managed
refuges, parks, recreation areas, monuments, public lands, and Indian trust lands with State and local authorities;
operates its water resources projects to protect municipal and agricultural water supplies in cases of radiological
emergencies; and provides advice and assistance concerning hydrologic and natural resources, including fish and
wildlife, to Federal, State, and local governments upon request. DOI also administers the Federal Government's trust
responsibility for 512 Federally recognized Indian tribes and villages, and about 50 million acres of Indian lands.
The Bureau of Indian Affairs of the Department of the Interior is available to assist other agencies in consulting with
these tribes about radiological emergency preparedness and responses to emergencies. DOI also has certain
responsibilities for the United States insular areas.
2. Capabilities and Resources
DOI has personnel at headquarters and in regional offices with technical expertise to do the following:
a. Advise and assist in assessing the nature and extent of radioactive releases to water resources including
support of monitoring personnel, equipment, and laboratory analytical capabilities.
b. Advise and assist in evaluating processes affecting radioisotopes in soils, including personnel,
equipment, and laboratory support.
c. Adv o and assist in the development of geographical information systems (GIS) databases to be used in
the analysis and assessment of contaminated areas including personnel, equipment, and databases.
d. Provide hydrologic advice and assistance, including monitoring personnel, equipment, and laboratory
support.
e. Advise and assist in assessing and minimizing offsite consequences on natural resources, including fish
and wildlife, subsistence uses, land reclamation, mining, and mineral expertise.
f. Advise and assist the United States insular areas on economic, social, and political matters.
g. Coordinate and provide liaison between Federal, State, and local agencies and Federally recognized
Ind :m tribal governments on questions of radiological emergency preparedness and responses to incidents.
3. DOI References
a. 910 DM 5 (Draft)-Interior Emergency Operations, Federal Radiological Emergency Response Plan.
b. 296 DM 3 (Draft)-lnterior Emergency Delegations, Radiological Emergencies.
4. DOI Specific Authorities
a. Organic Act of 1879 providing for "surveys, investigations, and research covering the topography,
geology, hydrology, and the mineral and water resources of the United States," 43 U.S.C. 31 (USGS).
b. Appropriations Act of 1894 providing for gaging streams and assessment of water supplies of the U.S.,
28 Stat. 398 (USGS).
c. OMB Circular A-67 (1964) giving DOI (USGS) responsibility "...for the design and operation of the
national network for acquiring data on the quantity and quality of surface ground waters..." (USGS).
d. The Reclamation Act of 1902, as amended, 43 U.S.C. 391, and project authorization acts (BuRec).
e. National Park Service Act of 1916, 16 U.S.C. 1 et seq., and park enabling acts (NPS),
f. The Snyder Act of 1921, as amended, 25 U.S.C. 13. DOI shall direct, supervise, and expend such monies
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APPENDIX B: DEFINITIONS
I
appropriated by Congress for the benefit, care, and assistance of Indians throughout the United States for such
purposes as the relief of distress, and conservation of health, for improvement of operation and maintenance of
existing Indian irrigation and water supply systems...etc. (BLA).
g. National Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd, and refuge
enabling acts (FWS).
h. Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et seq. (BLM).
i. Endangered Species Act (1973), as amended, 16 U.S.C. 1531 et seq. Federal agencies may not jeopardize
the continued existence of endangered or threatened species (FWS).
j. Migratory Bird Treaty Act (1918), as amended, 16 U.S.C. 703 et seq. Prohibits the taking of migratory
birds without permits (FWS).
k. Anadromous Fish Conservation Act, as amended, 16 U.S.C. 757a et seq. Reestablishes anadromous fish
habitat (FWS).
1. Marine Mammal Protection Act (1972), as amended, 16 U.S.C. 1361 et seq. Conserves marine mammals
with management of certain species vested in DOI (FWS).
H. Department of Justice
1. Summary of Response Mission
The Department of Justice (DOJ) is the lead agency for coordinating the Federal response to acts of
terrorism in the United States and U.S. territories. Within the DOJ, the Federal Bureau of Investigation (FBI) will
manage the law enforcement aspect of the Federal response to such incidents. The FBI also is responsible for
investigating all alleged or suspected criminal violations of the Atomic Energy Act of 1954, as amended.
2. Capabilities and Resources
. The FBI will coordinate all law enforcement operations including intelligence gathering, hostage negotiations, and
tactical operations.
3. DOJ References
a. Memorandum of Understanding between DOJ, DOD, and DOE for Responding to Domestic Malevolent
Nuclear Weapons Emergencies.
b. Federal Bureau of Investigation Nuclear Incident Response Plan.
c. Memorandum of Understanding between DOE and the FBI for Responding to Nuclear Threat Incidents.
d. Memorandum of Understanding between the FBI and the NRC Regarding Nuclear Threat Incidents
Involving NRC-Licensed Facilities, Materials, or Activities.
e. Memorandum of Understanding between DOE, FBI, White House Military Office, and the U.S. Secret
Service Regarding Nuclear Incidents Concerning the Office of the President and Vice President of the United States.
f. Joint Federal Bureau of Investigation, Department of Energy, and Department of Defense Agreement for
Response to Improvised Nuclear Device Incidents.
4. DOJ Specific Authorities
a. Atomic Energy Act of 1954, 42 U.S.C. 2011-2284.
b. 18 U.S.C. § 831 (Prohibited Transactions Involving Nuclear Materials).
I. Department of State
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
1. Summary of Response Mission
The Department of State (DOS) is responsible for the conduct of relations between the U.S. Government
and other governments and international organizations and for the protection of U.S. interests and citizens abroad.
In a radiological emergency outside the United States, DOS is responsible for coordinating U.S.
Government actions concerning the event in the country where it occurs (including evacuation of U.S. citizens, if
necessary) and internationally. Should the FRERP be invoked due to the need for domestic action, DOS will
continue to hold this role within the FRPCC structure. Specifically, DOS will coordinate foreign
information-gathering activities and, in particular, conduct all contacts with foreign governments except in cases
where existing bilateral agreements permit direct agency-to-agency cooperation. In the latter situation, the U.S.
agency will keep DOS fully informed of all communications.
In a domestic radiological emergency with potential international trans-boundary consequences, DOS will
coordinate all contacts with foreign governments and agencies except where existing bilateral agreements provide
for direct exchange of information. DOS is responsible for conveying the U.S. Government response to foreign
offers of assistance.
2. Capabilities and Resources
The State Department maintains embassies, missions, interest sections (in countries where the United States
does not have diplomatic relations), and consulates throughout the world. The State Department Operations Center
is capable of secure, immediate, around-the-clock communications with diplomatic posts. The diplomatic personnel
stationed at a post are knowledgeable of local factors important to clear and concise communication, and frequently
speak the local language. The Ambassador is the President's personal representative to the host government, and his
country team is responsible for coordinating official contacts between the U.S. Government and the host
government or international organization.
3. DOS References
Task Force Manual for Crisis Management (rev. 11 January 1990).
4. DOS Specific Authorities
a. Presidential Directive/NSC-27 (PD-27) of January 19, 1978.
b. 22 U.S.C. 2656.
c. 22 U.S.C. 2671 (a)(92)(A).
J. Department of Transportation
1. Summary of Response Mission
The Department of Transportation (DOT) Radiological Emergency Response Plan for Non-Defense
Emergencies provides assistance to State and local governments when a radiological emergency adversely affects
one or more transportation modes and the States or local jurisdictions requesting assistance have inadequate
technical and logistical resources to meet the demands created by a radiological emergency.
2. Capabilities and Resources
DOT can assist Federal, State, and local governments with emergency transportation needs and contribute
to the response by assisting with the control and protection of transportation near the area of the emergency. DOT
has capabilities to do the following:
a. Support State and local gov: ments by identifying sources of civil transportation on request and wl
consistent with statutory responsibilities.
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APPENDIX B: DEFINITIONS
b. Coordinate the Federal civil transportation response in support of emergency transportation plans and
actions with State and local governments. (This may include provision of Federally controlled transportation assets
and the controlling of transportation routes to protect commercial transportation and to facilitate the movement of
response resources to the scene.)
c. Provide Regional Emergency Transportation Coordinators and staff to assist State and local authorities
in planning and response.
d. Provide technical advice and assistance on the transportation of radiological materials and the impact of
the incident on the transportation system.
e. Provide exemptions from normal transportation hazardous materials regulations if public interest is best
served by allowing shipments to be made in variance with the regulations. Most exemptions are issued following
public notice procedures, but if emergency conditions exist, DOT can issue emergency exemptions by telephone.
f. Control airspace, including the imposition of Temporary Flight Restrictions and issuance of Notices to
Airmen (NOTAMS), both to give priority to emergency flights and protect aircraft from contaminated airspace.
DOT is responsible for dealing with the International Atomic Energy Agency and foreign Competent
Authorities on issues related to packaging and other standards for the international transport of radioactive
materials. If a transport accident involves international shipments of radioactive materials, DOT will be the point of
contact for working with the transportation authorities of the foreign country that offered the material for transport
in the United States.
3. DOT References
a. Department of Transportation Radiological Emergency Response Plan for Non-Defense Emergencies,
August 1985.
b. DOT Order 1900.8, Department of Transportation Civil Emergency Preparedness Policies and
Program(s).
c. DOT Order 1900.7D, Crisis Action Plan.
d. Transportation Annex (Emergency Support Function #1), Federal Response Plan.
4. DOT Specific Authorities
a. 49U.S.C. 301.
b. 44 CFR 351, Radiological Emergency Planning and Preparedness, § 351.25, The Department of
Transportation.
K. Department of Veterans Affairs
1. Summary of Response Mission
The Department of Veterans Affairs (VA) can assist other Federal agencies, State and local governments,
and individuals in an emergency by providing immediate and long-term medical care, including management of
radiation trauma, as well as first aid, at its facilities or elsewhere. VA can make available repossessed VA
mortgaged homes to be used for housing for affected individuals. VA can manage a system of disposing of the
deceased. VA can provide medical, biological, radiological, and other technical guidance for response and recovery
reactions. Generally, none of these actions will be taken unilaterally but at the request of a responsible senior
Federal official and with appropriate external funding.
2, Capabilities and Resources
In addition to the capabilities listed above, VA:
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
I
a. Operates almost 200 fiill-facility hospitals and outpatient clinics throughout the United States;
b. Has almost 200,000 employees with broad medical, scientific, engineering and design, fiscal, and
logistical capabilities;
c. Manages the National Cemetery System in 38 States;
d. May have a large inventory of repossessed homes (this inventory varies according to economic trends);
e. Is one of the Federal managers of the National Disaster Medical System;
f. Is a participant in the VA/DOD contingency plan for Medical Backup in times of national emergency;
g. Has the capability to manage the medical effects of radiation trauma using the VA's Medical Emergency
Radiological Response Teams (MERRTs); and
h. Has a fully equipped emergency center with multi-media communications at the Emergency Medical
Preparedness Office (EMPO).
3. VA References
MP-1, Part II, Chapter 13 (Emergency Preparedness Plan), March 20, 1985, as revised,
4. VA Specific Authorities
a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Title VI, 42 U.S.C.
5195 et seq.
b. National Security Decision Directive Number 47 (NSDD-47), July 22, 1982, Emergency Mobilization
Preparedness,
c. National Security Decision Directive Number 97 (NSDD-97), June 13, 1982, National Security
Telecommunications Policy,
d. National Plan of Action for Emergency Mobilization Preparedness.
e. Veterans Administration and Department of Defense Health Resources Sharing and Emergency
Operations Act, 38 U.S.C. 5001 et seq.
f. E.O. 11490, Assignment of Preparedness Functions to Federal Departments and Agencies, October 28,
1969, as amended, 3 CFR, 1966-1970 Comp., p. 820.
g. E.O. 12656, Assignment of Emergency Preparedness Responsibilities, November 18, 1988, 3 CFR, 1988
Comp., p. 585.
h. E.O. 12657, Federal Emergency Management Agency Assistance, Emergency Preparedness Planning at
Commercial Nuclear Power Plants, November 23, 1988,3 CFR, 1988 Comp., p. 611.
L. Environmental Protection Agency
1. Summary of Response Mission
The Environmental Protection Agency (EPA) assists Federal, State, and local governments during
radiological emergencies by providing environmental and water supply monitoring, recommending protective
actions, and assessing the consequences of radioactivity releases to the environment. These services may be
provided at the request of the Federal or State Government, or EPA may respond to an emergency unilaterally in
order to fulfill its statutory responsibility. EPA actively participates with USDA and HHS on the Advisory Team
when convened.
2. Capabilities and Resources. EPA can provide personnel, resources, and equipment (including mobile
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APPENDIX B: DEFINITIONS
monitoring laboratories) from its facilities in Montgomery, AL, and Las Vegas, NV, and technical support from
Headquarters and regional offices. EPA has capability to do the following:
a. Direct environmental monitoring activities and assess the environmental consequences of radioactivity
releases.
b. Develop Protective Action Guides.
c. Recommend protective actions and other radiation protection measures.
d. Recommend acceptable emergency levels of radioactivity and radiation in the environment.
e. Prepare health and safety advice and information for the public.
f. Assist in the preparation of long-term monitoring and area restoration plans; and recommend clean-up
criteria.
g. Estimate effects of radioactive releases on human health and environment.
h. Provide nationwide environmental monitoring data from the Environmental Radiation Ambient
Monitoring Systems for assessing the national impact of the emergency.
3. EPA References
a. U.S. Environmental Protection Agency Radiological Emergency Response Plan, Office of Radiation
Programs, December 1986.
b. Letter of Agreement between DOE and EPA for Notification of Accidental Radioactivity Releases into
the Environment from DOE Facilities, January 8, 1978.
c. Letter of Agreement between NRC and EPA for Notification of Accidental Radioactivity Releases to the
Environment from NRC Licensed Facilities, July 28, 1982.
d. Manual of Protective Action Guides and Protective Actions for Nuclear Incidents, Office of Radiation
Programs, January 1990.
e. Memorandum of Understanding Between the Federal Emergency Management Agency and the
Environmental Protection Agency Concerning the Use of High Frequency Radio for Radiological Emergency
Response 1981, Office of Radiation Programs, EPA.
4. EPA Specific Authorities
a. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. (1970), and Reorganization Plan #3 of
1970.
b. Public Health Service Act, as amended, 42 U.S.C. 241 et seq. (1970).
c. Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. (1974).
d. Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (1977).
e. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (SUPERFUND), 42
U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 (Public Law
99-499) (1986).
f. E.O. 12656, Assignment of Emergency Preparedness Responsibilities, November 18, 1988, 3 CFR, 1988
Comp., p. 585.
M. Federal Emergency Management Agency
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
1. Summary of Response Mission
The Federal Emergency Management Agency (FEMA) is responsible for coordinating offsite Federal
response activities and Federal assistance to State and local governments for functions other than radiological
monitoring and assessment. FEMA's coordination role is to promote an effective and efficient response by Federal
agencies at both the national level and at the scene of the emergency. FEMA coordinates the activities of Federal,
State, and local agencies at the national level through the use of its Emergency Support Team and at the scene of the
emergency with its Emergency Response Team.
2. Capabilities and Resources
FEMA will provide personnel who are experienced in disaster assistance to establish and operate the DFO;
public information officials to coordinate public information activities; personnel to coordinate reporting to the
White House and liaison with the Congress; and personnel experienced in information support for the Federal
response. FEMA personnel are familiar with the capabilities of other Federal agencies and can aid the States and
other Federal agencies in obtaining the assistance they need. FEMA will:
a. Coordinate assistance to State and local governments among the Federal agencies;
b. Coordinate Federal agency response activities, except those pertaining to the FRMAC, and coordinate
these with the activities of the LFA;
c. Work with the LFA to coordinate the dissemination of public information concerning Federal emergency
response activities. Promote the coordination of public information releases with State and local governments,
appropriate Federal agencies, and appropriate private sector authorities; and
d. Help obtain logistical support for Federal agencies.
3. FEMA References
a. Federal Response Plan, April, 1992, and subsequent changes.
b. Emergency Response Team Plans for FEMA Regions I, II, III, IV, V, VI, VII, VIII, IX, and X, various
dates.
c. NRC/FEMA Operational Response Procedures for Response to a Commercial Nuclear Reactor Accident
(NUREG-0981/FEMA-51), Rev. 1, February 1985.
d. Memorandum of Understanding for Incident Response between the Federal Emergency Management
Agency and the Nuclear Regulatory Commission, October 22, 1980.
e. Department of Defense, Department of Energy, Federal Emergency Management Agency Memorandum
of Agreement for Response to Nuclear Weapon Accidents and Nuclear Weapon Significant Incidents, 1983.
f. Memorandum of Understanding, GSA and FEMA, February 1989.
4. FEMA Specific Authorities
a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, 42
U.S.C. 5121 etseq.
b. E.O. 12148 of July 20, 1979, Federal Emergency Management, 3 CFR, 1979 Comp., p. 412.
c. E.O. 12241 of September 29, 1980, National Contingency Plan, 3 CFR, 1980 Comp., p. 282.
d. E.O. 12472 of April 3, 1984, Assignment of National Security and Emergency Preparedness
Telecommunications Functions, 3 CFR, 1984 Comp., p. 193.
e. E.O. 12656 ofNovember 18, 1988, Assignment of Emergency Preparedness Responsibilities, 3 CFR,
42
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APPENDIX B: DEFINITIONS
1988 Comp., p. 585.
f. E.O. 12657 of November 18, 1988, Federal Emergency Management Agency Assistance in Emergency
Preparedness Planning at Commercial Nuclear Power Plants, 3 CFR, 1988 Comp., p. 611.
g. 44 CFR 351, Radiological Emergency Planning and Preparedness.
h. 44 CFR 352, Commercial Nuclear Power Plants: Emergency Preparedness Planning.
N. General Services Administration
1. Summary of Response Mission
The General Services Administration (GSA) is responsible to direct, coordinate, and provide logistical
support of other Federal agencies. GSA, in accordance with the National Plan for Telecommunications Support
During Non-Wartime Emergencies, manages the provision and operations of telecommunications and automated
data processing services. A GSA employee, the Federal Emergency Communications Coordinator (FECC), in
accordance with appropriate regulations and plans, is appointed to perform communications management functions.
2. Capabilities and Resources
GSA provides acquisition and procurement of floor space, telecommunications and automated data
processing services, transportation, supplies, equipment, material; it also provides specified logistical services that
exceed the capabilities of other Federal agencies. GSA also provides contracted advisory and support services to
Federal agencies and provides security services on Federal property leased by or under the control of GSA. GSA
will identify a Regional Emergency Communications Planner (RECP) and FECC, when required, for each of the 10
standard Federal regions. GSA will authorize the RECP to provide technical support and to accept guidance from
the FEMA Regional Director during the pre-deployment phase of a telecommunications emergency. The GSA
Regional Emergency Coordinator will coordinate all the services provided. Upon request of the Senior FEMA
Official (SFO) through the Regional Emergency Coordinator, GSA will dispatch the FECC to the disaster site to
expedite the provision of the telecommunications services.
3. Funding
GSA is not funded by Congressional appropriations. All requests for support are funded by the requestor in
accordance with normal procedures or existing agreements.
4. GSA References
a. Memorandum of Understanding between GSA and FEMA Pertaining to Disaster Assistance Programs,
Superfund Relocation Program, and Federal Radiological Emergency Response Plan Programs, February 2, 1989.
b. GSA Orders in the 2400 Series (Emergency Management).
c. National Communications System Plan for Telecommunications Support to Non-Wartime Emergencies,
January 1992.
d. National Telecommunications System Telecommunication Procedures Manuals.
5. GSA Specific Authorities
a. The Federal Property and Administrative Services Act of 1947, as amended, 40 U.S.C. 471 et seq.
b. The Communications Act of 1934,47 U.S.C. 390 et seq.
c. The Defense Production Act of 1950, as amended, 50 App. 2061 et seq.
d. E.O. 12472 of April 3, 1984, Assignment of National Security and Emergency Preparedness
Telecommunications Functions, 3 CFR, 1984 Comp., p. 193.
43
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
e. Federal Acquisition Regulations, 48 CFR 1.
f. The General Services Administration Acquisition Regulations, 41 CFR 5.
g. Federal Property Management Regulations, 41 CFR 101.
h. Federal Travel Regulations, 41 CFR 301-304.
O. National Aeronautics and Space Administration
1. Summary of Response Mission
The role of the National Aeronautics and Space Administration (NASA) in a Federal response will depend
on the circumstances of the emergency. NASA will be the LFA and will coordinate the initial response and support
of other agencies as agreed to in specific interagency agreements when the launch vehicle or payload carrying the
nuclear source is a NASA responsibility.
2. Capabilities and Resources
NASA has launch facilities and the ability to provide launch vehicle and space craft telemetry data through
its tracking and data network. NASA also has the capability to provide limited radiological monitoring and
emergency response from its field centers in Florida, Alabama, Maryland, Virginia, Ohio, Texas, aid California,
3. NASA References
a. KHB 1860.IB KSC Ionizing Radiation Protection Program.
b. Memorandum of Understanding between the Department of Energy and the National Aeronautics and
Space Administration concerning Radioisotope Power Systems for Space Missions, dated July 26,1991, as
supplemented.
4. NASA Specific Authorities
a. National Aeronautics and Space Act of 1958, as amended, 42 U.S.C. 2451 et seq.
b. NASA Policy Directives (NPDs), as applicable.
P. National Communications System
1. Summary of Response Mission
Under the National Plan for Telecommunications Support in Non-Wartime Emergencies, the Manager,
National Communications System (NCS), is responsible for adequate telecommunications support to the Federal
response and recovery operations. The Manager, NCS, will identify, upon the request of the Senior FEMA Official,
a Communications Resource Manager from the NCS/National Coordinating Center (NCC) staff when any of the
following conditions exist: (1) when local telecommunications vendors are unable to satisfy all telecommunications
service requirements; (2) when conflicts between multiple Federal Emergency Communications Coordinators occur;
or (3) if the allocation of available resources cannot be fully accomplished at the field level. The Manager, NCC,
will monitor all extraordinary situations to determine that adequate national security emergency preparedness
telecommunications services are being provided to support the Federal response and recovery operations.
2. Capabilities and Resources
NCS can provide the expertise and authority to coordinate the communications for the Federal response and to
assist appropriate State agencies in meeting their communications requirements.
3. NCS References
a. National Plan for Telecommunications Support in Non-Wartime Emergencies, September 1987.
44
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APPENDIX B: DEFINITIONS
b. Memorandum of Understanding, GSA and FEMA, February 1989.
c. E.O. 12046 (relates to the transfer of telecommunications functions), the White House, March 27, 1978,
3 CFR, 1978 comp., p. 158.
4. NCS Specific Authorities
a. E.O. 12472, Assignment of National Security and Emergency Preparedness Telecommunications
Functions, April 3, 1984, 3 CFR, 1984 Comp., p. 193.
b. E.O. 11490, October 30,1969, 3 CFR, 1966-1970 Comp, p. 820.
c. E.O. 12046, March 27, 1978,3 CFR, 1978 Comp., p. 158.
d. White House Memorandum, National Security and Emergency Preparedness: Telecommunications and
Management and Coordination Responsibilities, July 5, 1978.
Q. Nuclear Regulatory Commission
1. Summary of Response Mission
The U.S. Nuclear Regulatory Commission (NRC) regulates the use of byproduct, source, and special
nuclear material, including activities at commercial and research nuclear facilities. If an incident involving
NRC-regulatcd activities poses a threat to the public health or safety or environmental quality, the NRC will be the
LFA. In such an incident, the NRC is responsible for monitoring the activities of the licensee to ensure that
appropriate actions are being taken to mitigate the consequences of the incident and to ensure that appropriate
protective action recommendations are being made to offsite authorities in a timely manner. In addition, the NRC
will support its licensees and offsite authorities, including confirming the licensee's recommendations to offsite
authorities.
Consistent with NRC's agreement to participate in FRMAC, the NRC may also be called upon to assist in
Federal radiological monitoring and assessment activities during incidents for which it is not the LFA.
2. Capabilities and Resources
a. The NRC has trained personnel who can assess the nature and extent of the radiological emergency and
its potential offsite effects on public health and safety and provide advice, when requested, to the State and local
agencies with jurisdiction based on this assessment.
b. The NRC can assess the facility operator's recommendations and, if needed, develop Federal
recommendations on protective actions for State and local governments with jurisdiction that consider, as required,
all substantive views of other Federal agencies.
c. The NRC has a system of thermoluminescent dosimeters (TLD) established around eveiy commercial
nuclear power reactor in the country. The NRC can retrieve and exchange these TLDs promptly and obtain
immediate readings onscene.
3. NRC References
a. NRC Incident Response Plan Revision 2 (NUREG-0728), NRC Office for Analysis and Evaluation of
Operational Data, June 1987.
b. Regions I through V Supplements to NUREG-0845, 1990.
c. NRC/FEMA Operational Response Procedures for Response to a Commercial Nuclear Reactor Accident,
(NUREG-0981; FEMA-51), Rev. 1, February 1985.
d. Operational Response Procedures Developed between NRC, EPA, HHS, DOE, and USDA, January
45
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FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN
1991.
e. Memorandum of Understanding for Incident Response between the Federal Emergency Management
Agency and the Nuclear Regulatory Commission, October 22, 1980.
f. Memorandum of Understanding Between the FBI and the NRC Regarding Nuclear Threat Incidents
Involving NRC-Licensed Facilities, Materials, and Activities, March 13, 1991.
g. NUREG/BR-0150, "Response Technical Manual," November 1993.
h. NUREG-1442 (Rev. 1)/FEMA-REP-17 (Rev, 1), "Emergency Response Resources Guide," July 1992.
i. NUREG-1467, "Federal Guide for a Radiological Response: Supporting the Nuclear Regulatory
Commission During the Initial Hours of a Serious Accident," November 1993.
j. NUREG-1471, "U.S. NRC Concept of Operations," February 1994.
k. NUREG-I2I0, "Pilot Program; NRC Severe Reactor Accident Incident Response Training Manual,"
February 1987.
4. NRC Specific Authorities
a. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2284.
b. Energy Reorganization Act of 1974,42 U.S.C. 5841 et seq.
c. 10 CFR Parts 0 to 199.
46
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ANNEX in
UNIFIED COMMAND SYSTEM
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THIS PAGE INTENTIONALLY LEFT BLANK '
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A UNIFIED COMMAND SYSTEM (UCS) SHALL BE ESTABLISHED AT ALL INCIDENTS
INVOLVING HAZARDOUS SUBSTANCES BY SENIOR ON-SCENE OFFICIAL OF THE
FIRST RESPONSE ORGANIZATION TO ARRIVE AN INCIDENT.
The UCS should be based on the organization, terminology and procedures recommended
by the National Fire Academy and applied in abroad sense to include all hazard control and -
mitigation response organizations including responsible parties, private responders and local, state
and federal agencies. All such entities participating in a response are required by federal law to
implement an intra-organization ICS and integrate it with the overall UCS.
The UCS established will have as the Incident Commander (IC) the most senior on-scene
official with the expertise, capability, authority, and determination to be the commander. The IC
can be from a local unit of government or from a county, state, or federal agency. This protocol
recognizes that typically, but not necessarily, the IC will change as the incident progresses from
being primarily a public safety problem, with the local fire chief as IC, to an environmental
incident with a state or federal person as the IC. The following procedures specify a determinate
yet feasible means of establishing the role of federal and state responders in a UCS.
I. SINGLE JURISDICTIONAL ARE AFFECTED
When the incident involves and affects only a single local geographical jurisdiction, the
organizational structure of the UCS or Incident Command System will be determined by the
established local contingency plan. This may involve single or multiple agency involvement. In all
situations one person shall act as an Incident Commander in sole charge, or function as an
Operations Chief to implement the action plan of a Unified Command.
In such instances, responding state and federal officials, who might otherwise be
considered the senior competent emergency response official at the site, shall either:
1. Identify themselves to the Incident Commander and integrate themselves into the
established ICS per the Incident Commander's direction, usually as a technical specialist to an
operations group supervisor or as an operations group supervisor: or
2. Join an existing Unified Command or request the Incident Commander to establish
a Unified Command: or
3. Assume the Incident Command role when required by federal or state law, or when
an existing Incident Commander agrees to such a transition, or when no ICS or UCS has been
established.
The ICS transfer of command or initial assumption of command protocols shall be used.
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II MULTIPLE JURISDICTIONAL AREAS AFFECTED
When the incident involves and affects multiple local geographical jurisdictions or areas
not covered by local emergency response organizations, the state or federal competent senior
official at the site shall either:
1. Preferably join an existing Incident command or Unified Command as in I above;
or
2. Establish a Unified Command for an encompassing ICS if none exists; or
3. Assume Incident Command and establish a UCS incorporating existing local
efforts as operations section branches or otherwise as appropriate.
in. LOCAL, STATE,FEDERAL INTERACTION
When not specifically prescribed, a Unified Command Consisting of local, state, and
federal senior competent emergency response officials at the site shall be the preferred approach
to integrating several levels of government into a United Command System. Where state law
specifies incident command assignments, it shall take precedence over this protocol with respect
to those state and local organizations to which it applies. Federal jurisdiction specified in
CERCLA, OPA or the RCP shall take precedence over this protocol.
Breadth of responsibility will be considered to increase from most local to state to federal.
However, this protocol encourages the establishment of the UCS at the most local level
practicable to assure the earliest implementation of a unified response strategy.
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