Central Kansas Wetlands Sub-Area Contingency Plan rWmvna BARTOW-, doctoms rTOdjfeArea GREAT £f] BEND A RICE LYONS- JT Qiriyin National W&ilife jkfuee ' L " J ST. JOHN STAFFORD - RENO HITCH! JMSON % "V * rv KANSAS^ 0 2.5 5 10 15 3 ¦ Mies ... 5 ERA ™, sSb lieuis- 7 ------- SPECIAL NOTICE The Central Kansas Wetlands Sub-area Contingency Plan is intended for broad dissemination. Questions regarding this plan should be addressed to Central Kansas Wetlands Sub-area On-Scene Coordinator, Emergency Response 7 Removals Section, U.S Environmental Protection Agency, 901 North 5th Street, Kansas City, KS 66101. In addition, questions can be addressed to GaryHaden, McKinzie Environmental, 10643 Widmer Road, Lenexa, Kansas 66215-2071 or to gchaden@cox.net. The latest version of this plan is available on the Internet at http://www.epa.gov/region07/cleanup/superfund/integrated plan.htm Central Kansas Wetlands Sub-area Contingency Plan, September 2008 ii ------- PREAMBLE Development and updating of the Central Kansas Wetlands Sub-area Contingency Plan is a collaborative effort of representatives from federal and state agencies and emergency managers and local emergency responders from four counties. The Nature Conservancy was also active in plan development. This sub- area contingency plan is not intended to supplant any local, state, regional or national response or contingency plans. The plan, however, may be most effective if reviewed in conjunction with the Region 7 Regional Integrated Contingency Plans (RICP) and relevant state and local plans. It has been designed as a tool and source of information for first responders facing the unique physical conditions and blend of governmental jurisdictions in Barton, Reno, Rice and Stafford counties. A map of the Central Kansas Wetlands Sub-area and individual maps of Cheyenne Bottoms and Quivira National Wildlife Refuge are available. Copies of those maps were distributed with copies of this plan. The maps for the Central Kansas Wetlands SACP can also be viewed as part of the SACP at the website address provided on the previous page (ii) of this plan. The creators of this sub-area plan intend to update the plan on an annual basis to insure that current data are available. More frequent revisions could be undertaken, if developments warrant. Should users or reviewers of this document discover errors or outdated information or wish to suggest additions, they should complete a copy of the Corrections and Updates Form, Page H-l, which is at the end of this plan, and send it to the address indicated on that form. Changes can also be sent by e-mail to the contacts on Page ii. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 iii ------- CENTRAL KANSAS WETLANDS SUB-AREA CONTINGENCY PLAN TABLE OF CONTENTS I. INTRODUCTION 1-1 A Purpose and Objective 1-1 B. Statutory Authority 1-1 C. Scope 1-1 D. Updating 1-1 II. RELATIONSHIP TO OTHER CONTINGENCY PLANS II-1 A. Private Sector Response Plans II-l B. Local Response Plans II-2 C. State Response Plans and Reporting Requirements II-2 D. Area and Regional Contingency Plans II-2 E. National Plans II-3 1. National Oil and Hazardous Substances Pollution Contingency Plan (NCP).... II-3 2. National Response Framework II-3 III. DESCRIPTION OF THE CENTRAL KANSAS WETLANDS SUB - AREA Ill-1 A. Rationale for Sub-area Creation III-l 1. Metropolitan Governance Approach III-l 2. Sensitive Environments Approach III-l B. Sub-area Geography III-l C. Sub-area Climate III-2 IV. ROLES AND AUTHORITIES OF GOVERNMENT AGENCIES IV-1 A. Introduction and Assumptions IV-1 B. Local Governments IV-1 1. Local Responders' Roles and Responsibilities IV-1 2. Role of Hazardous Materials Responders IV-1 3. Roles and Procedures of Local Emergency Management Agencies IV-2 a. Local Emergency Planning Committees IV-2 b. Emergency Management Agencies IV-2 C. State of Kansas IV-2 D. Federal IV-2 1. National Response System and Policies IV-2 2. EPA Region 7 Responsibilities IV -3 3. Federal On-scene Coordinator's Role and Responsibilities IV-3 4. FOSC and USFWS Responsibilities under the Endangered Species Act IV-5 a. During Spill Response IV-5 i. FOSC/Incident Commander Responsibilities IV-5 ii. USFWS Responsibilities IV-5 b. Post Response IV-5 i. FOSC/Incident Commander Responsibilities IV-5 ii. USFWS Responsibilities IV-5 E. Technical Support IV-6 1. EPA-Environmental Response Team IV-6 2. USCG-National Strike Force Coordination Center IV-6 3. Atlantic Strike Tearn IV-6 4. National Oceanic and Atmospheric Administration IV-6 5. Department of the Interior IV-7 6. KDHE Technical Support IV-7 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 iv ------- TABLE OF CONTENTS (Continued) F. Multi-Agency Response and Planning Groups IV-7 1. Regional Response Team and Area Committee IV-7 2. Sub-area Committees IV-7 G. Natural Resource Trustees IV-8 1. State Trustee IV-8 a. Role of the Kansas Natural Resource Trustee IV-8 2. Federal Trustee—U.S. Department of the Interior IV-8 a. U. S. Fish and Wildlife Service IV-8 b. U.S. Bureau of Reclamation IV-9 3. Natural Resource Damage Assessments IV-9 H. Contractors IV-9 V. ROLES OF RESPONSIBLE PARTIES V-l VI. NOTIFICATION VI-1 A. Protocol VI-1 B. Notification of Natural Resource Trustees VI-1 C. Central Kansas Wetlands SACP Notifications VI-1 VII. CKW SACP RESPONSE PROTOCOL VII-1 A. Incident Command and Jurisdiction VII-1 B. Sub-area-Specific Command and Utilization of Resources VII-1 1. Designated Staging Areas and Deployment of Resources VII-1 a. Designated Staging Areas for Incidents on or Near Cheyenne Bottoms VII-1 i. Ellinwood Rally Point VII-1 ii. Claflin Rally Point VII-1 b. Designated Staging Area for Incidents on or near Quivira NWR VII-2 c. Designated Staging Area for Incidents on or near Cheney Reservoir VII-2 C. Contractor Oversight VII-3 D. Coordination VII-3 E. Public Information VII-3 F. Termination VII-3 VIII. INCIDENT COMMAND VIII-1 IX. COMMUNICATIONS PROTOCOL IX-1 A. Existing Radio Systems IX-1 B. Locally Based Communications Gateways IX-1 C. Access to KDOT and Federal Communications Gateways IX-1 D. Communications Framework during a Major Incident IX-2 E. Other State-Owned Communications Systems and Gateways IX-2 X. SITE SAFETY PLAN X-l A. Integration of Site Safety Plans X-l B. Requirements for Site Safety Plans X-l XI. DISPOSAL REGULATIONS XI-1 XII. ACCESS TO OIL SPILL LIABILITY TRUST FUND AND CERCLA REIMBURSEMENT XII-1 A. OSLTF Funding Procedures XII-1 B. Federal Access to the OSLTF XII-1 C. State Access to the OSLTF XII-1 D. Pollution Removal Funding Authorization XII-1 E. Claims XII-2 F. CERCLA Local Governments Reimbursement Program XII-3 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 v ------- TABLE OF CONTENTS (Continued) XIII. CENTRAL KANSAS WETLANDS SUB-AREA WORST-CASE DISCHARGE SCENARIOS XIII-1 A. Worst-case Scenario for Chevenne Bottoms or Quivira NWR XIII-1 B. Worst-case Scenario for Cheney Reservoir XIII-1 APPENDICES TABLE OF CONTENTS XIV-1 Appendix A. Quick Action Response Guide A-l A. Guide to Sub-Area Notifications A-l B. Environmentally Sensitive Areas of Major Concern A-2 C. Communications Interoperability Links A-2 Central Kansas Wetlands Response Notification Flowchart A-3 Appendix B. Acronyms and Abbreviations B-l Appendix C. Definitions C -1 Appendix D. Emergency Management and Response Agencies, Natural Resource Trustees, State and Federal Agencies and Pipeline Operators within the Sub-Area D-l Appendix E Fire Departments in or Associated with the Sub-Area E-l Appendix F. Threatened or Endangered Species and Species in Need of Conservation F-l Appendix G. Internet Websites Cited in This Plan G-l Corrections and Updates Form H-l Central Kansas Wetlands Sub-area Contingency Plan, September 2008 vi ------- I. INTRODUCTION A. Purpose and Objective The purpose of the Central Kansas Wetlands Sub-area Contingency Plan (CKW SACP) is to facilitate a timely and effective cooperative response by representatives of local, state and federal agencies to an oil discharge or release of a hazardous substance in the Central Kansas Wetlands Sub-area. The objective of this SACP is to coordinate an expedited response to a substantial discharge or threat of a discharge through integrating the actions of the unique combination of private industry and local, state and federal entities that have jurisdiction or operate in the CKW Sub-area. B. Statutory Authority The SACP is intended as a supplement to the Federal Region 7 Regional Integrated Contingency Plan (RICP). The CKW SACP was prepared under Section 31 l(j) of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 (OPA or OPA 90), 33 U.S.C. 1251 et seq. It also is written in conjunction with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S. C. § 9601, as amended. C. Scope The CKW SACP, when implemented in conjunction with the National Response Framework (NRF), the NCP, the Region 7 RICP, and state and local plans, is designed to be adequate to respond to a worst-case discharge (WCD) or a threat of a WCD and to mitigate the effects of any such discharge in Barton, Reno, Rice or Stafford County, Kansas. This SACP applies to and is in effect for discharges of oil and/or releases of hazardous substances, as defined in section 300.3 of the NCP. D. Updating The CKW SACP will be updated on an annual basis, beginning 1 year after its initial completion, unless changes in relevant regional plans, national plans or actual experience gained during responses to incidents indicate more frequent updates or a one-time revision is desirable. Response equipment, notifications lists, environmentally or economically sensitive area listings, and other data prepared by participants in the CKW SACP process may be updated or incorporated into the plan as they are generated and become available. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 1-1 ------- II. RELATIONSHIP TO OTHER CONTINGENCY PLANS A. Private Sector Response Plans Facility operators are required to adhere to various plans required by federal and state regulations in an effort to prevent or mitigate releases or discharges to the environment. In an effort to streamline the planning process, the National Response Team's (NRT's) Integrated Contingency Plan (ICP) Guidance was published in the Federal Register (F.R. Vol. 61, No. 109, 28642-28664) on June 5, 1996. The purpose of the ICP was to provide a mechanism for consolidating multiple plans that facilities may have prepared to comply with various regulations into one functional emergency response plan. A number of statutes and regulations, administered by several federal agencies, include requirements for emergency response planning. A particular facility may be subject to one or more of the following federal regulations: (For a complete list of acronyms and abbreviations, see Appendix B.) • EPA's Oil Pollution Prevention Regulation (SPCC and Facility Response Plan Requirements)- 40 CFR part 112.7(d) and 112.20-21; • EPA's Emergency Planning and Community Right-to-know Act [(EPCRA), which is Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III)] • MMS's Facility Response Plan Regulation-30 CFR part 254; • RSPA's Pipeline Response Plan Regulation-49 CFR part 194; • USCG's Facility Response Plan Regulation-33 CFR part 154 Sub-part F; • EPA's Risk Management Programs Regulation-40 CFR part 68; • OSHA's Emergency Action Plan Regulation-29 CFR part 1910.38(a); • OSHA's Process Safety Standard-29 CFR 1910.119; • OSHA's HAZWOPER Regulation-29 CFR 1910.120; and EPA's Resource Conservation and Recovery Act Contingency Planning Requirements-40 CFR part 264, Sub-part D, 40 CFR part 265 Sub-part D, and 40 CFR 279.52. • Clean Air Act-40 CFR part 68 Note: The ICP plan guidance has been developed to assist facilities in demonstrating compliance with the existing federal emergency response planning requirements referenced above. Although it does not relieve facilities from their current emergency planning obligations, it has been designed specifically to help meet these obligations. Adherence to the ICP guidance is not required in order to comply with federal regulatory requirements. Facilities are free to continue maintaining multiple plans, in lieu of an ICP, to demonstrate federal regulatory compliance. As long as the criteria in that law are met, the plan can be in ICP format. A brief discussion of facility emergency response plans, specifically those pertaining to the NCP, OPA 90 and CWA, follows. Section 300.211 of the NCP describes and cross references the regulations that implement section 311(j) (5) of the CWA. Owners of tank vessels, offshore facilities, and certain onshore facilities are required to prepare and submit Facility Response Plans for responding to a WCD, and to a substantial threat of such a discharge, of oil or a hazardous substance. Facility and tank vessel response plan regulations, including plan requirements, are located in 40 CFR § 112 and 33 CFR § 154, respectively. Prior to approval, facility and vessel response plans shall be reviewed for consistency with any relevant ACP or RICP. As defined in OPA 90, each responsible party (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 the RICP and the applicable response plan required by OPA 90. If directed by a Federal on-scene Coordinator (FOSC) at any time during removal activities, the Central Kansas Wetlands Sub-area Contingency Plan, September 2008 ------- RP must act accordingly. Section 31 l(j) (5) (c) of CWA requires that facility response plans shall: "(i) be consistent with the requirements of the NCP, ACP or Integrated Contingency Plans; "(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." B. Local Response Plans Sections 301 and 302 of the Emergency Planning and Community Right-to-know Act [(EPCRA), which is Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III)] provide for the establishment of local emergency planning committees (LEPCs) within districts to facilitate the preparation and implementation of emergency plans. C. State Response Plans and Reporting Requirements Sections 301 and 302 of the EPCRA provide for the establishment of a State Emergency Response Commission (SERC) for each state and the implementation of state emergency plans. State laws also require development of contingency plans. The Kansas Emergency Planning and Community Right to Know Act (KSA 65-5701 et seq.) allows the Kansas Department of Health and Environment (KDHE) to establish a fee system to cover all or part of the cost of Title III. D. Area and Regional Contingency Plans Section 300.210(b) of the NCP provides for the establishment of Regional Response Teams (RRTs) and sets their role in the implementation of Regional Contingency Plans (RCPs). The NCP, § 300.210(c), provides for the establishment of Area Committees (ACs) and implementation of ACPs. Region 7 has opted to integrate these requirements through an RICP. The Region 7 Inland Area is the same as the four-state Federal Region 7, and the members of the AC are the same as the RRT. The Region 7 RICP includes elements of the Emergency Support Function #10- Hazardous Materials of the National Response Framework (NRF) and of the National Incident Management System (NIMS), published March 1, 2004. The NRF superseded corresponding sections of the National Response Plan (NRP) on March 28, 2008. The NRP was originally published in December 2004 and was revised in 2006. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 11-2 ------- E. National Plans 1. National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Section 300.2 of the NCP lists the various federal statutes that provide for the establishment of a National Response Team (NRT) and the implementation of the NCP. Region 7 has included a portion of the NCP as an appendix to its RICP. 2. National Response Framework Certain elements of the Emergency Support Function #10-Hazardous Materials (ESF-10) Annex of the Federal Response Plan (FRP), which was created under the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288), as amended, were incorporated into the Region 7 RICP. Subsequently, the National Response Plan (NRP) was developed. As required by Homeland Security Presidential Directive (HSPD)-5, the NRP was established as a single, comprehensive approach to domestic incident management to prevent, prepare for, respond to, and recover from terrorist attacks, major disasters and other emergencies. The NRP is an all-hazards plan built on the template of the NIMS. The NRP replaced the Federal Response Plan, which had previously provided direction to those responding to disasters as part of Emergency Support Functions (ESFs). As a result of lessons learned during the response to Hurricane Katrina, the National Response Framework (NRF) evolved out of the NRP. On March 28, 2008, the NRF superseded corresponding sections of the NRP. Neither the NRP nor the NRF supplanted the NCP. The NRF core document, along with the ESF Annexes and Support Annexes, is available on the Internet at the NRF Resource Center: http://www.fema.gov/NRF . Central Kansas Wetlands Sub-area Contingency Plan, September 2008 II-3 ------- III. DESCRIPTION OF THE CENTRAL KANSAS WETLANDS SUB-AREA A. Rationale for Sub-area Creation The sub-area contingency plan represents a collaborative approach to coordinate responses by all levels of government. OPA 90 required that the federal government establish ACPs throughout the United States in order to provide more coordinated, efficient, and thorough responses by local, state and federal agencies to releases of oil. The NCP incorporated hazardous substances into this process, because of the advantages of utilizing a single plan for spills of all types of hazardous materials. EPA Region 7 determined to create only one ACP, with its geography coincident with the four states of Region 7. The Region 7 RRT, whose members also serve on the AC, later decided to consolidate the RCP, the ACP and applicable elements of the FRP (later supplanted by the NRP) into an RICP. The AC determined to create several sub-area plans within Region 7, because of a perceived need to upgrade the quality and quantity of planning information available where multiple governmental jurisdictions are involved. 1. Metropolitan Governance Approach Initial planning emphasis in Region 7 focused on areas where multiple large governmental jurisdictions are involved. Those areas typically involve economically sensitive elements and complicated governmental operations. The initial plans included the metropolitan areas of Omaha/Council Bluffs, the Quad Cities, and the Greater St. Louis metropolitan area. Planning in the Siouxland Sub-area, which includes three EPA regions, four states and about 25 counties began later. 2. Sensitive Environments Approach After its initial efforts to foster development of SACPs in areas where concentrated development and complicated geography posed special response challenges, the Area Committee turned its attention to areas recognized as being environmentally sensitive or renowned for their environmental qualities. The South-Central Nebraska Sub-area was initiated because it covers one of the most environmentally sensitive areas in the United States. Some 400,000 sandhill cranes, many of which migrate through central Kansas, spend six weeks each year along the Platte River. Hundreds of thousands of waterfowl, many of which have migrated through Cheyenne Bottoms and Quivira National Wildlife Refuge (QNWR), also rest along the Platte and Republican rivers as they migrate each year. Subsequently, work began in central Kansas, where the Cheyenne Bottoms Wildlife Area complex, which includes land owned by The Nature Conservancy, and QNWR are located within 15 miles of each other. When water is present, Cheyenne Bottoms is a primary resting and feeding area for hundreds of thousands of sandpipers and other shorebirds that migrate through the area annually. Both Cheyenne Bottoms and QNWR are popular with birdwatchers and others seeking outdoor recreation. Cheyenne Bottoms, in addition to being a haven for shorebird watchers, is a popular hunting spot. Both Cheyenne Bottoms and QNWR are federally- designated as critical habitat for the federally-listed endangered whooping crane (Grus americana). B. Sub-area Geography The CKW SACP comprises Barton and Stafford counties and portions of Reno and Rice counties. The Cheyenne Bottoms basin is a roughly circular basin covering about 60 square miles. Cheyenne Bottoms Wildlife Area lies near the center of the basin, while The Nature Conservancy owns more than 7,000 acres that wrap around the state land on both the west and north sides. Blood Creek drains into the basin from the west and Deception Creek and an unnamed stream enter from the north. Little Cheyenne Creek drains the basin from the southeast corner. Because the outlet is elevated slightly, the basin holds water during wet periods. All of the streams naturally associated with Central Kansas Wetlands Sub-area Contingency Plan, September 2008 III-l ------- Cheyenne Bottoms, except during spring runoff or periods of significant rainfall, are dry or intermittent. In an effort to provide a reliable source of water and to enhance the wetland for wildlife, the Kansas Fish and Game Commission has divided the state's portion of the basin into five pools. One pool was deepened in order to hold more water, which is pumped into neighboring pools as conditions warrant in an effort to enhance habitat for shorebirds. The Fish and Game Commission, which became the Kansas Department of Wildlife and Parks following a merger of two agencies, also has taken action to provide a more reliable source of water for the bottoms by diverting water into the basin through Walnut Creek and the Arkansas River. The diversion ditch runs under Highway 281 and enters the state's land on the western edge. The diversion ditch does not provide any water to The Nature Conservancy's property. Cheney Reservoir, which is located in southeastern Reno County, is both economically and environmentally sensitive. The reservoir, where water typically covers about 9,500 acres, was completed by the Federal Bureau of Reclamation (Bur Rec or Reclamation) in 1965. The reservoir provides up to 70 percent of the drinking water used by 400,000 residents in Wichita and nearby areas. The BurRec leases the reservoir to the Kansas Department of Wildlife and Parks, which maintains a state park on the south shore of the reservoir and a wildlife refuge on the reservoir's north side. The state park includes eight campgrounds with 420 campsites. The North Fork Ninnescah River provides 70 percent of the water to the reservoir, which has a 933-square-mile drainage basin. C. Sub-area Climate The Kansas Geological Survey describes the climate of Barton and Stafford Counties as sub-humid and marked by precipitation and temperature extremes. The normal annual precipitation in Great Bend is nearly 25 inches. The lowest recorded precipitation was in 1936, when Great Bend recorded 14.17 inches of moisture. During 2007 more than 30 inches of precipitation fell during the first six months of the year with a total of 41.5 inches recorded during the year. About 20 inches of snow falls annually. Heavy thunderstorms are common during the summer, with June being the month of heaviest precipitation. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 III-2 ------- IV. ROLES AND AUTHORITIES OF GOVERNMENT AGENCIES A. Introduction and Assumptions All agencies or organizations responding to an incident in the CKW Sub-area have some familiarity with the National Incident Management System (NIMS), which was adopted as the standard for incident management on March 1, 2004. The members of many organizations and the leaders of various agencies are required to undergo NIMS training and/or to certify that they and/or their organizations are NIMS compliant. Likewise, the managers of agencies accepting Department of Homeland Security (DHS) grants typically must certify that their agency is NIMS compliant. It is assumed those responding to any incident within the CKW Sub-area will be conversant with the NIMS process and will be prepared to integrate themselves into the NIMS framework. As envisioned by those who formulated and developed the NIMS concept, Incident Commanders will work toward a Unified Command structure when appropriate and feasible. B. Local Governments 1. Local Responders' Roles and Responsibilities During any fire or an incident involving a discharge of oil or release of hazardous substances, the local fire department with jurisdiction will respond and will provide an incident commander (IC) as the response is undertaken. The fire department will continue to provide an IC while threats to life and human safety issues dominate the situation. The local police department will normally be responsible for traffic and crowd control on public property. In the event terrorism is suspected or there is any reason to suspect a crime has been committed, local law enforcement will secure the scene. Law enforcement and all other responders will assist state and federal law enforcement authorities in the collection and preservation of potential evidence. Municipal public works departments will provide assistance in the event it is necessary to divert or prevent the flow of contaminated materials through the storm water or sewer system. After any notifications of neighboring jurisdictions have been completed, following the guidelines in Section VI A., the IC might decide to notify state agencies, because of a need for special expertise, because the incident threatens to extend impacts beyond the local jurisdiction, or because hazardous wastes might be generated. If a Responsible Party is identified and involved, the fire department commander, state and federal on-scene coordinators and the RP may establish a Unified Command System (UCS) to address the situation (See Section VIII INCIDENT COMMAND). 2. Role of Hazardous Materials Responders Depending on the nature and severity of an incident, additional units from the affected city or governmental unit or hazardous materials (Haz-Mat) teams may be called. Several municipalities in the Central Kansas Wetlands area have signed mutual aid agreements with the Hutchinson Fire Department. Those agreements call for the Hutchinson Fire Department to respond to Haz-Mat incidents or fires that might threaten Cheyenne Bottoms or QNWR. The MAAs do not obligate the smaller departments to respond to incidents in Hutchinson. Should an event exceed the capability of the local fire department and any mutual aid response, Incident Commanders can access one of 12 regional Haz-Mat Teams in the state by contacting the Kansas State Fire Marshal's office. The State Fire Marshal's office will dispatch the nearest available team to assist the local jurisdiction. The Regional Haz-Mat teams nearest to the Sub-area are at Dodge City, Hays, Newton and Salina. The Hutchinson Fire Department does not participate in the Regional Haz-Mat Team program. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-1 ------- Any Haz-Mat team responding to an incident will operate under NIMS. The Haz-Mat teams will not take control of an incident outside their jurisdictions, but will instead report to the IC or the operations officer on scene. None of the response teams performs remedial cleanups. 3. Roles and Procedures of Local Emergency Management Agencies a. Local Emergency Planning Committees Local Emergency Planning districts were set up as a result of SARA Title III. The Local Emergency Planning Committees (LEPCs) include representatives from local governmental agencies, emergency responders, environmental groups, and local industry. Several local emergency plans may exist within each district. The Local Emergency Response Plan (LERP), developed under Sections 301-303 of EPCRA, must include the identity and locations of hazardous materials, procedures for responding to a chemical accident, procedures for notifying the public of necessary actions, the names of coordinators within any involved or threatened industrial plants, and schedules for testing the plan. A State Emergency Response Commission (SERC) must review each LERP. RRTs may review the plans and provide assistance if the SERC or LEPC, through the State RRT representative, requests such a review. If a natural disaster produces an emergency, the county Emergency Management Agencies (EMAs) may utilize their general (All-hazards) plan along with portions of their LERP. b. Emergency Management Agencies If an incident produces or threatens to escalate into an emergency that could affect large numbers of people or the off-site environment in their respective cities, or otherwise appears beyond the capacity of the local responders, the Emergency Management Agency will become involved. Under such circumstances, the EMA may activate its respective Emergency Operations Center (EOC), initiate an evacuation, or take other steps to protect human health and the environment. Volunteers to assist with temporary housing or other outgrowths of an emergency will be called into the EOC, as needed. C. State of Kansas Under the NCP, 40 CFR § 300.180, governors are: asked to assign an office or agency to represent the state on the RRT. The state's representative may participate fully in all facets of RRT activity and shall designate the appropriate element of the state government that would undertake direction of state- managed oil or hazardous substance releases. Each state RRT member also represents and coordinates the RRT involvement of various other state, county, and municipal organizations. The Kansas Department of Health and Environment is the enforcement agency for environmental laws in Kansas and it coordinates the state's response to spills. Requests for disposal sites and incinerators for waste oil should be coordinated through KDHE, which represents the state during all RRT activity. D. Federal 1. National Response System and Policies The NCP, § 300.105, describes the general organizational concepts of the federal agencies, the NRT, the RRT, the FOSC, and the Area Committee. Sections 300.110 and 300.115 detail the structure of the NRT and the RRT. The NCP provides for an RRT whose agency membership would parallel that of the NRT, and the inclusion of state and local representation. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-2 ------- 2. EPA Region 7 Responsibilities EPA Region 7, Kansas City, Kansas, will provide an FOSC for investigating and responding to releases occurring in the Central Kansas Wetlands Sub-area. 3. Federal On-scene Coordinator's Role and Responsibilities The FOSC may direct response efforts and coordinate all other efforts at the scene of a discharge or release in accordance with the NCP, RICP, NRP/NRF and any applicable sub-area, state and local plans. FOSCs shall be pre-designated by the EPA Regional Administrator from Region 7. [The Department of Defense (DOD) and the Department of Energy (DOE) shall designate an FOSC, as stated in the NCP § 300.120 (c) and (d), should their facilities or properties be involved in a discharge or release. Other federal agencies are responsible for non-emergency removals, as stated in the NCP § 300.120 (c) (2).] The FOSC will coordinate all federal containment, removal and disposal efforts and direct all federal resources during an incident. The FOSC is the point of contact between federal resources and the Responsible Party (RP) and the state and local response community. The FOSC will work within an established IC structure or coordinate all agencies/parties into a UCS. In some circumstances the FOSC may direct the response activities of other parties in accordance with the NCP. In extreme circumstances, when it is evident that the RP is unwilling or unable to respond adequately to a spill or release, the FOSC can assume full authority of the cleanup, including funding through Superfund or the OSLTF (i.e., to "federalize" the response). In such instances, notice will be provided to the RP in writing. In such circumstances, efforts will be made to recover costs from the RP. The Region 7 RRT can be convened to provide guidance to the FOSC and coordination during a major event. From a practical standpoint, tasks such as air-monitoring during a discharge or release-possibly one with an associated fire-can be provided by an FOSC responding with members of the Superfund Technical Assessment and Response Team (START) contract during the emergency phase of an incident. Such actions would be conducted within an ICS or UCS, with transfer of command responsibilities to an OSC of the affected state or to the FOSC during the incident's cleanup and recovery phase. FOSCs, to the extent practicable, should ensure that persons designated to act as their on-scene representative are adequately trained and prepared to carry out actions under the NCP and the respective regional plans. The NCP § 300.320 details the normal sequence of actions an FOSC should take when a discharge is reported: (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 may 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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-3 ------- (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. (6) Ensure that the notifications and actions required in 300.135, the Fish and Wildlife Sensitive Environments Plan, (Appendix A.l of the EPA Region 7 Regional Integrated Contingency Plan) and the Programmatic Agreement Annex VI) 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 or the CERCLA Hazardous Substances Response Trust Fund for hazardous substances releases. (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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-4 ------- 4. FOSC and USFWS Responsibilities under the Endangered Species Act The following is a summary of FOSC/Incident Commander and USFWS responsibilities under the Endangered Species Act, implementing regulations, and the Inter-agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act's National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act (ESA MOA). For detailed information on ESA consultation requirements and procedures, see Annex V of the Region 7 Integrated Contingency Plan. a. During Spill Response i. FOSC/Incident Commander Responsibilities • If fish and wildlife resources may be affected by a discharge or release, notify federal and state natural resource trustees and managers, and consult with them on removal actions to be taken. • If listed species and/or critical habitat are or could be present, immediately contact USFWS to initiate emergency consultation pursuant to the Endangered Species Act, implementing regulations, and the ESA MOA. • Keep USFWS and the DOI RRT/Area Committee Representative apprised of ongoing response actions. • Document any adverse effects (including incidental take) to listed species or their habitat. • Maintain a record of all oral and written communications with the USFWS during the response. ii. USFWS Responsibilities • Provide the FOSC/Incident Commander timely recommendations on actions to avoid or minimize impacts to listed species and/or their habitats throughout the duration of the response. • Respond to requests for emergency consultation pursuant to the Endangered Species Act, implementing regulations, and the ESA MOA. • If "incidental take" is anticipated, so advise the FOSC/Incident Commander. • Upon request, participate in the ICS/UC. • Maintain a record of all oral and written communications with the FOSC/Incident Commander during the response. b. Post Response i. FOSC/Incident Commander Responsibilities • If listed species or critical habitat have been adversely affected by response activities, initiate formal consultation of the effect of these activities pursuant to the Endangered Species Act, implementing regulations, and the ESA MOA. See Annex V to the RICP (ESA MOA) for specific requirements and procedures. ii. USFWS Responsibilities • Respond to requests for formal consultation in accordance with the Endangered Species Act, implementing regulations, and the ESA MOA. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-5 ------- E. Technical Support In addition to the support provided the FOSC by the RRT, a variety of technical support is available through telephone contact or actual dispatch of teams to the field. Support agencies and groups available to the FOSC include: 1. EPA-Environmental Response Team In the event of a continuing release or discharge, an FOSC has access to the EPA Environmental Response Team (ERT), based in Edison, New Jersey, which has expertise in treatment technology, biology, chemistry, hydrology, geology and engineering. The ERT has access to special decontamination equipment and can provide advice on a wide range of diverse issues, such as a multimedia sampling and analysis program; on-site safety, including development and implementation plans; cleanup techniques and priorities; water supply decontamination and protection; application of dispersants; environmental assessment; degree of cleanup required; and disposal of contaminated material. The ERT provides such expertise through Scientific Support Coordinators (SSCs). An SSC may be designated by the FOSC as the principal advisor for scientific issues and communication with the scientific community. This includes coordination of requests for assistance from state and federal agencies. The ERT also provides both introductory and intermediate level training courses to prepare response personnel. FOSC or RRT requests for ERT support should be made to the EPA representative on the RRT or the appropriate EPA regional emergency coordinator. 2. USCG-National Strike Force Coordination Center The National Strike Force Coordination Center (NSFCC) is authorized as the National Response Unit required under OPA, and has responsibilities that include administering the USCG Strike Teams, maintaining response equipment inventories and logistical networks, and conducting a national exercise program. The NSFCC can provide the following support to the FOSC: technical assistance and equipment for spill response, assistance in coordinating resources in support of the FOSC during oil discharge response, ACP or RICP review, coordination of spill response resources information, coordination of pollution response exercises, and inspection of district response equipment. 3. Atlantic Strike Team The Atlantic Strike Team provides trained personnel and specialized equipment to assist the FOSC 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. A call to any one of the USCG's Strike Teams will be answered 24 hours a day. In the event the Strike Force contacted is committed, another Strike Team will be accessed. 4. National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration (NOAA), under the Department of Commerce, may provide information in a number of areas. Like the ERT, its SSCs have a wide variety of expertise. NOAA has mathematicians and physicists who can do computer modeling and simulation studies of releases. NOAA also has a research and planning group that can determine resources at risk, and make recommendations on types of techniques for cleanup-and when to use them. The agency can offer an environmental science group that can provide technical assistance on chemistry, gas chromatography/mass spectrometry fingerprinting, and degradation of oil. The organization includes a biological assessment group that can perform long-term studies and planning. Finally, NOAA possesses an information management group that can produce computerized maps. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-6 ------- 5. Department of the Interior The DOI can provide information concerning lands and resources specifically under DOI jurisdiction, as well as offer technical expertise related to geology, hydrology, minerals, fish and wildlife, cultural resources, and recreation resources. DOI can also provide communications and other equipment in the event of an extended response. 6. KDHE Technical Support The Kansas Department of Health and Environment's primary objective is to insure that containment and immediate environmental remedial measures associated with the discharge or spill are implemented. KDHE maintains staff members in six district offices who are trained to provide technical support. KDHE staff can provide information regarding the local geology, groundwater and surface water, remediation methods, contaminant cleanup levels, and local disposal and/or treatment options. These staff members also insure all rules and regulations are followed during spill response and disposal/treatment of impacted media. F. Multi-Agency Response and Planning Groups 1. Regional Response Team and Area Committee The RRT's origin and reference to the NCP are briefly discussed in paragraphs II. C. and IV C. 1. b. of this SACP. The role of the RRT has two principal components. One is the standing team whose duties are communications systems and procedures, planning, coordination, training, evaluation, preparedness, and related matters on a region-wide basis. The RRT also may assemble an incident-specific team, as determined by the operational requirements of the response to a specific discharge or release. The RRT has responsibility for developing an RCP and for assisting the FOSC in the event guidance, coordination or resources are needed to provide an adequate response to an incident. The RRT includes a representative from each state within the federal region and representatives from virtually any federal agency that could provide assistance or resources during such a response. EPA and the USCG co-chair the RRT, which does not respond directly to the scene, but instead responds to developments and requests from the FOSC in accordance with relevant contingency plans. In addition, members of the RRT serve as the AC, which has responsibility to produce ACPs within its respective area. Within Region 7, the area and the region are coincident. Generally, the AC is more planning oriented and aims to be more inclusive of industry and other nongovernmental entities as it plans. The RRT is more response oriented. Semiannual meetings of the Region 7 AC and RRT are held consecutively in the spring and fall of each year. 2. Sub-area Committees The Central Kansas Wetlands Sub-area executive committee was formed and functions under the authority granted by the Region 7 Area Committee. The CKW Sub-area Committee is composed of an EPA OSC from Region 7, a representative of the United States Fish and Wildlife Service; representatives from KDHE, the Kansas Corporation Commission, the Kansas Department of Transportation, the Kansas State Fire Marshal's office, the Kansas Division of Emergency Management and the Kansas Department of Wildlife and Parks; one representative from each Emergency Management Agency within the boundaries of the of the sub-area; representatives of local fire departments, and a representative of The Nature Conservancy. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-7 ------- G. Natural Resource 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 trustees for natural resources and shall notify the President of the designation. CERCLA and OPA require the designation of certain federal, state or Indian tribal officials to act on behalf of the public as trustees of natural resources that they manage or protect. CERCLA, § 101(16) defines natural resources as 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. 1. State Trustee The Natural Resources Trustee for Kansas is the Secretary of the Kansas Department of Health and Environment. a. Role of Kansas Natural Resource Trustee The primary purpose of KDHE as natural resource trustee is to conduct Natural Resource Damage Assessments (NRDAs), which are to be used as a mechanism for restoring, replacing, or seeking compensation for injury to, destruction of, or loss of natural resources that are not adequately addressed through remedial actions of the responsible party. KDHE has one biologist on staff who is responsible for considering and conducting NRDAs when state natural resources have been impacted. Natural resources are defined as: air, soil, sediment, aquatic biota, terrestrial biota, surface water, and groundwater in the State of Kansas. The Secretary of KDHE and the United States Fish and Wildlife Service must consider restoration, replacement or seek compensation for these natural resources if they were lost due to a release of a hazardous substance or oil. KDHE and/or the USFWS will pursue NRDA actions at all sites where such actions are appropriate. KDHE will consider NRDA actions when the remedial or removal response does not return the natural resources to pre-release conditions in a timely manner. KDHE will also consider NRDA actions if a responsible party files bankruptcy and contamination continues to impact a natural resource of the state. All responsible parties that declare bankruptcy prior to completion of the remedial or removal action must be identified to the NRDA Coordinator. 2. Federal Trustee-U.S. Department of the Interior Under Executive Order and Sec. 300.600 (b) of the NCP, the Secretary of the Interior is designated as trustee for natural resources managed and controlled by the Department of the Interior (DOI). Upon request of an Indian tribe, the DOI may act on behalf of the tribe as trustee for natural resources for which the tribe would otherwise act as trustee. a. U.S. Fish and Wildlife Service The U.S. Fish & Wildlife Service (USFWS) is responsible for management of migratory birds, federally listed threatened and endangered species, and Quivira NWR within the CKW Sub-area. When a spill occurs, the USFWS, with an office in Manhattan, Kansas, will provide timely advice on the measures necessary to protect wildlife from exposure, as well as the priority and timing of such measures. Protective measures may include preventing the oil from reaching areas where migratory birds and other wildlife are located or deterring birds or other wildlife from entering areas by using wildlife hazing devices or other methods. If exposure of birds and other wildlife to oil or hazardous substances cannot be prevented, an immediate decision would be required as to whether to rescue and rehabilitate "oiled" birds and other wildlife. The Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-8 ------- USFWS has statutory responsibilities for protecting migratory birds and federally listed threatened and endangered species. In such cases, the USFWS would serve as the lead administrative trustee, coordinating with other trustees and providing oversight for a qualified wildlife responder. If an incident does not involve migratory birds or federally listed threatened or endangered species, a state natural resource trustee would be the lead agency. The decision to rescue and rehabilitate "oiled" wildlife must be made in conjunction with the applicable federal (and state) natural resource agencies. Wildlife rehabilitators will need federal (and state) permits to collect, possess, and band migratory birds, and threatened and endangered species. Further information is contained in the Fish and Wildlife and Sensitive Environments Annex to the Region 7 RICP. b. U.S. Bureau of Reclamation The Bureau of Reclamation administers Cheney Dam and Reservoir, located on the North Fork of the Ninnescah River about 6 miles north of Cheney and 24 miles west of Wichita, Kansas. This project provides a supplemental water supply to the city of Wichita and flood control for protection of downstream areas. The Kansas Department of Wildlife and Parks manages lands surrounding the reservoir for recreation and fish and wildlife. Completed in 1965, Cheney Reservoir has a conservation- pool storage of 151,800 acre-feet, with an additional flood-control-pool capacity of 80,860 acre-feet. 3. Natural Resource Damage Assessments Following a release or discharge, natural resource trustees may have the additional responsibility of assessing injury to the environment as a result of the spill. Natural Resource Damage Assessment (NRDA) is the process by which trustees collect, compile and evaluate data to determine the extent of injury to natural resources. The information gathered is used to assess damages, including determining the dollar amount necessary to restore injured trust resources and compensate for lost use as a result of injury, and then to seek recovery of those damages from the RP. NRDAs are typically initiated concurrent with response activities. Initiation of an NRDA (in conjunction with other natural resource trustee agencies) usually involves acquiring data both during and after a spill event to document: 1) evidence of oil or hazardous substances in water, sediments, soil and organisms; 2) effects on fish, wildlife, and/or their habitat; 3) exposure pathways, and 4) the potential need to undertake emergency restoration efforts to prevent or reduce the immediate migration of oil or hazardous substances onto or into a trust resource. Because the conduct of NRDA activities may be identical to those conducted as part of the response, all sampling and field work conducted by the natural resource trustees should be coordinated with the lead response agency. H. Contractors Private contractors fulfill a vast array of roles within the Haz-Mat response field, either on a one-time or long-term basis. Many RPs have contracts with Oil Spill Removal Organizations (OSROs) or with Haz- Mat responders to handle spills that may occur. The RP is responsible for Natural Resource Damage Assessments in conjunction with the natural resource trustees of the respective states, and may retain contractors to conduct such assessments. EPA Region 7 has START and Emergency and Rapid Response Services (ERRS) contractors to facilitate emergency responses and cleanups. Any contractor responding to a spill will answer to the agency providing its funding, unless arrangements for supervision by other agencies are agreed to by all parties. KDHE maintains lists of available commercial hazardous materials contractors. "The Red Book, " i.e., The Independent Oil and Gas Directory of Kansas, which is published annually by the Independent Oil and Gas Service, Inc., Wichita, includes a comprehensive list of contractors familiar with oilfield activities. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IV-9 ------- V. ROLES OF RESPONSIBLE PARTIES The RP is required under the CWA to immediately report any discharge of oil that will produce a sheen on navigable water, adjoining shorelines, or the contiguous zone, or a release of a hazardous substance exceeding a reportable quantity, as per 40 CFR § 302.4, to the National Response Center (NRC). In addition, the spiller may be required to report these releases under various state and local statutes. OPA 90 §1002 makes RPs responsible for removal costs and damages. (See Section II A. for additional detail and planning requirements.) The RP is expected to cooperate with local public safety agencies during the emergency response phase of an incident. The RP conducts whatever response actions are necessary and for which its personnel are trained and equipped. This can include such activities as turning off valves, plugging or containing leaking containers, and evacuating employees. It may include fire fighting by industrial fire brigades. All of these activities are typically done under the direction of an IC from a local public safety agency. The EPA or USCG may direct response activities by the RP at a discharge of oil or release of hazardous substances, if it becomes necessary. The FOSC also may "federalize" a response (see IV. C. 5.), if it becomes evident that an adequate response is beyond the capability of the RP, or if the RP indicates an unwillingness to accept responsibility, or the RP's identity is unknown. A UCS incorporating the command structure of the RP, local responders and state and federal responders may be established to address simultaneous public safety and environmental concerns. The RP has primary responsibility for the cleanup of a discharge or release. The response shall be conducted in accordance with the NCP and the RP's applicable response plan. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 V-l ------- VI. NOTIFICATION Just as a discharge of oil or a hazardous substances release can emanate from numerous sources, the discovery of a spill and initiation of notification procedures can proceed along a number of paths. As examples, RPs, private citizens or the news media may notify local, state or federal agencies by calling 911, a state or EPA spill line, or the National Response Center. Depending upon the severity of a spill or discharge, notification might not only be required by statute, but could be essential to protecting human health and the environment. In other instances, notification by and of various agencies may be done as a matter of courtesy. The following sections describe typical notifications among those responsible for responding to releases of oil or hazardous substances in the Central Kansas Wetlands Sub-area. A. Protocol Prompt notification is critical for an effective coordinated response among all organizations that might be involved during an incident. Each organization that first becomes aware of a release of oil or a hazardous substance in the CKW Sub-area has the responsibility to notify other appropriate and potentially affected agencies. All initial notifications should be by voice telephone, not by facsimile copy or electronic mail. Each organization is to consider itself the first agency aware of a release, if it has not previously been notified of the release according to this protocol. When an agency is notified by another responding organization, it must confirm that other agencies that it is responsible for notifying have been contacted, and then proceed to notify those agencies that have not yet been made aware of the release. The following criteria shall be used in determining whether to make notifications: 1. The release has the potential to affect the jurisdiction of another agency. 2. Assistance might be requested from another agency. 3. Although another agency might not be affected or requested to provide assistance, the agency will be notified out of courtesy when it is likely to receive inquiries about the incident from such other sources as citizens, companies or news media. B. Notification of Natural Resource Trustees The appropriate state and/or federal natural resource trustee(s) should be notified in the event of any discharge or release affecting or threatening to affect environmentally sensitive areas, migratory waterfowl or state or federally listed threatened or endangered species. Responsibility for notification will rest with the respective OSC, i.e., state on-scene coordinators (SOSCs) will notify their state's trustees and FOSCs will notify USFWS. SOSCs and FOSCs will coordinate notifications of incidents affecting state and federal resources. C. Central Kansas Wetlands SACP Notifications The Notification Flowchart shown on Page A-3 in Appendix A, the Quick Action Response Guide (QARG), indicates notifications that would normally be made during an incident in the Central Kansas Wetlands Sub-area. Additional discussion of notifications is provided in the QARG, along with contact information. Contact information for various agencies and other entities with roles or interest in the sub- area is included in Appendix A, the Quick Action Response Guide, and Appendices D through G. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 VI-1 ------- VII. CKW SACP RESPONSE PROTOCOL A. Incident Command and Jurisdiction The first responding local agency will be responsible for establishing an initial command post and implementing an ICS. If jurisdiction is unclear, the responding agencies will confer to determine which agency has jurisdiction. Once jurisdiction has been determined, the local agency having jurisdiction will either assume command or request that a UCS be established at the local level. If jurisdiction is not determined, the initial responding local agency will either maintain command or request a UCS. When state and federal OSCs arrive at the site, they will confer with the IC. Upon mutual agreement, they will determine whether the state and federal OSCs will integrate into the local ICS, whether the state or federal OSC will take the lead, or whether they will jointly establish a UCS. If the agencies cannot agree on the issue of command, the FOSC has preemptive authority under the NCP. B. Sub-area-Specific Command and Utilization of Resources 1. Designated Staging Areas and Deployment of Resources Much of the CKW Sub-area is rural in nature. Unpaved roads are common. Many roads in the Cheyenne Bottoms and QNWR areas lead to dead ends at the water's edge. Roads are often impassible during periods of prolonged or heavy rainfall. Traffic on other roads might be limited due to load-restricted bridges, narrow bridges, or low-water crossings that would impede passage of large vehicles. Many roads in the QNWR area are composed of fine sand. In order to reduce the potential for responders to become lost or stranded and in an effort to make responses more efficient, designated staging areas have been established for responses in the Cheyenne Bottoms and QNWR areas. Unless advised otherwise at the time they are notified, responders from outside the immediate jurisdiction of the response should respond to a designated staging point. Federal, state and Mutual Aid responders will be directed or led from the staging areas to the incident. a. Designated Staging Areas for Incidents on or Near Cheyenne Bottoms Two rally points or staging areas have been designated for the Cheyenne Bottoms area, one for potential incidents on the southeast, south and west sides of the basin and one for incidents on the northwest, north and northeast edges of the basin. i. Ellinwood Rally Point The designated staging area for an incident on the southern side of Cheyenne Bottoms or in nearby rural areas is the City of Ellinwood's public works shops, which is at 501 East Santa Fe in Ellinwood. Santa Fe is the main east-west street in Ellinwood. Ample parking is available at this location and there are two restrooms and office space with two telephone land lines. Alltel, Nextel and Westlink have cellular towers nearby. Additional or alternate staging space is available at the Ellinwood Fire Station, which is located at 209 West 1st. Ample parking would be available across the street from the station and restrooms and telephone land lines are available. ii. Claflin Rally Point The rally point for any incident on the northern edge of Cheyenne Bottoms or in a nearby area would be at the Claflin Volunteer Fire Department, which is located on Highway 4 at 309 West Front Street in Claflin. The site offers one-half city block of overflow parking space, a fire hydrant on the property and a Central Kansas Wetlands Sub-area Contingency Plan, September 2008 VII-1 ------- fill station in the building. The station also has a large meeting room with radios, internet access, a FAX machine, a projector and other equipment. A backup generator is available to power the building. b. Designated Staging Area for an Incident on or near Quivira NWR The designated staging area for any incident on QNWR property will be at the QNWR Headquarters, which is located 1 mile in (north) from the southern refuge boundary. Because QNWR is located at a point where Stafford, Rice and Reno counties meet with some roads coming to a dead end, finding a specific point on the refuge can be confusing. Names for the various paved and unpaved roads in the area change as one crosses the county lines. The refuge headquarters is in Stafford County and is located at the junction of 80th Street (an east-west road) and 140th Avenue (aka Zenith Road), which runs south to north. Once resources have staged at the refuge headquarters, an employee of QNWR would lead responders to any incident on the refuge. • To reach the headquarters from the east, one would take 95th Avenue, which runs straight west from the south edge of Sterling. Upon reaching the refuge area, a driver would turn south on Raymond Road. After traveling six miles on Raymond Road, the driver would turn west on 17th Avenue. Upon reaching the Reno-Stafford County line one mile later, 17th Avenue becomes 80th Street in Stafford County. The refuge headquarters is one mile farther west. • To reach the QNWR headquarters from the Hutchinson area, a driver would travel west on Reno County's 4th Street. At Raymond Road, which is one mile short of the Reno-Stafford County line, the driver would turn north. After traveling one mile, the driver would turn west on 17th Avenue, which becomes 80th Street (Stafford County) one mile later. The refuge headquarters is one mile beyond the county line. • To reach the headquarters from the west, a driver would typically approach the center of the refuge (as aligned from south to north) on Stafford County's 140th Street. Upon reaching 130th Avenue, the west boundary road for QNWR, the driver would turn south on 130th Avenue. After traveling six miles, the driver would turn left (east) on 80th Street. The headquarters is one mile east. c. Designated Staging Area for Incidents on or near Cheney Reservoir The designated staging area for an incident at any point on Cheney Reservoir or an incident in the vicinity will be the Headquarters of the Cheney Wildlife Area, 21514 South Yoder Road, Pretty Prairie, Kansas 67570. The location is nine miles straight south of Yoder on the east side of Yoder Road. It is at the intersection of Yoder Road and Sun City Road. The GPS coordinates are N 37°48.365' W097° 51.763' The wildlife area headquarters is located at the closest accessible point to where the North Fork Ninnescah River flows into Cheney Reservoir and it is close to where pipelines (the nearest is three- quarters of a mile away) in the area cross public land. The facility is within a quarter mile of a boat ramp on Cheney Reservoir. Kansas Department of Wildlife and Parks completed a new headquarters building at the wildlife area in late 2007. The building is surrounded by ample parking. It houses two telephone landlines and a third FAX line and cellular service is also available. The facility has access to satellite internet service and has radio communications with other law enforcement agencies. Other amenities or equipment available at the location include two restrooms, three storage sheds, two tractors larger than 50 horsepower, including one fitted with a bucket loader, and two flat-bottom boats Central Kansas Wetlands Sub-area Contingency Plan, September 2008 VII-2 ------- and one pontoon boat. The agency also has a contract with a local operator who can provide a bulldozer, a rubber-tired loader, a grader, a backhoe and a track-hoe. Cheney State Park, which is located on the extreme south end of the reservoir, could be available for use as a rally point. It has ample infrastructure, but it is distant from both the area's pipelines and the inflow to the reservoir. The location of the City of Wichita's water intake on the dam is unsuitable as a rally point because of security concerns. C. Contractor Oversight If the responsible party (RP) is capable and willing to respond to the release, governmental officials will work with the RP to mitigate the spill, while maintaining general oversight. If no Potentially Responsible Party (PRP) is identifiable, or an RP is unwilling or incapable of responding, the IC and OSCs will pursue options available to use government funds to clean up the release. If a contractor (See Section IV. H on Page IV-9 for more discussion) responds to the spill, it will answer to the agency providing its funding, unless arrangements for supervision by other agencies are agreed to by all parties. D. Coordination Generally, the responding agencies will function within their normal roles, using their appropriate authorities, expertise, and resources, while working as a team to provide the most efficient response possible. Each local, state and federal lead agency will be responsible for making secondary notifications, and will coordinate the assistance of support agencies at its respective level of government. The local IC and the state and federal OSC will make major decisions regarding a response to an incident in conference, with the RP's representative(s) included as appropriate. E. Public Information The IC may appoint a Public Information Officer (PIO) who will be responsible for developing and releasing information about the incident to media and the public. PIO responsibilities will be to advise and represent the IC on all public information matters, gather incident data, obtain media information that will be useful in operations and media planning, develop news releases and information to be released to the public, and establish and operate a media center (when designated by the IC). PIO functions must be coordinated and integrated across jurisdictions and functional agencies; among federal, state, local, and tribal partners; and with private-sector and nongovernmental organizations. The PIO will coordinate with the IC to establish a timeline for providing information updates to the media. F. Termination When the IC terminates an incident, a notice of termination will be sent to all responding agencies. To the extent it is feasible, the IC and the state and federal OSCs will coordinate their release of reports, along with any additional information that they have obtained from supporting agencies at their respective levels. When appropriate, the lead local, state and federal regulatory agencies should also consider coordinating their efforts to recover costs. The IC and the OSCs will also work together to arrange for a critique of the incident. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 VII-3 ------- VIII. INCIDENT COMMAND The senior on-scene official of the first response organization to arrive at an incident involving hazardous materials or an oil spill shall establish an Incident Command System. The ICS should be established in accordance with the National Incident Management System (NIMS) adopted on March 1, 2004. In accordance with NIMS' procedures, incident command should transition towards a Unified Command when the incident is of sufficient magnitude to involve multiple agencies from various levels of government. (Please see VII A. for more discussion of IC and jurisdiction.) Additional information on NIMS and its applications is available at http://www.nimsonline.com/ . Central Kansas Wetlands Sub-area Contingency Plan, September 2008 VIII-1 ------- IX. COMMUNICATIONS PROTOCOL Communications interoperability in the CKW Sub-area is limited somewhat by the rural nature of the area, disparate communications systems and limited budgets among the participating counties. Some areas of the sub-area, including portions of Cheyenne Bottoms and QNRW, are without cellular phone service. During a major incident involving various jurisdictions and disciplines, responding organizations should be prepared to provide a communications liaison, who could be located within the IC or at another location determined by the incident commander, in order to facilitate communications among the various responding organizations. A. Existing Radio Systems Barton County operates an Ultra High Frequency (UHF) radio system, while Stafford, Reno and Rice counties operate Very High Frequency (VHF) radio communications systems. B. Locally Based Communications Gateways Communications interoperability can be facilitated through use of communications gateways, which can link callers using VHF, UHF, and 800 megahertz (MHz) trunk systems. More sophisticated systems can also link cell phone callers, email users and other communication modes to one another through the gateway. The Barton County 911 Communications Center and the Hutchinson Fire Department (HFD) each maintain a Cross-Band Repeater (CBR)-2 mobile communications gateway. Barton County's CBR-2 can be used at a fixed location in the Barton County 911 Center in Great Bend or it can be dispatched to incidents throughout the county to provide communications interoperability in the field. The HFD's CBR-2 is located in a command vehicle and is readily deployable to the field. Each CBR-2 is capable of linking three calls simultaneously. The HFD has pre-programmed in the radio frequencies of Rice County and its communities, as HFD has a Mutual Aid Agreement with Rice County. It is anticipated that the HFD will facilitate additional direct communications by pre-programming in the frequencies of other entities in the sub-area into its CBR-2, as other responders provide their frequencies. CBR-2s are difficult to program in the field, so programming must be done in advance of incidents. HFD also carries a satellite phone in its command post. Local responders can improve their chances of successfully establishing communications interoperability through advance coordination with agencies that would respond with communications gateways. The planning steps could include exchange of key radio frequencies, so they can be programmed into the communications gateways, or purchasing the proper connective cables that will allow for linking one of their radios directly into the communications gateway. Either path could lead to a process that will allow local responders to communicate directly with other responders through a communications gateway. Because the cables used are highly specific to a radio system, it is essential that departments coordinate directly with those likely to respond with communications gateways. C. Access to KDOT and Federal Communications Gateways During major events Incident Commanders can gain access to comprehensive communications systems, including communications gateways, through their local Emergency Operations Center. The Kansas Department of Transportation maintains two Communications on Wheels Systems (COWS) that can be deployed during a major incident. One of the COWS is stationed in Wichita and the other is located in Salina. Each COWS contains two Raytheon JPS Communications ACU-lOOOs, which are capable of serving as a real-time communications gateways between VHF, UHF, 800 MHz trunk radio systems, P25 radios, and virtually all telephones. In addition to the communications gateways, each COWS carries 80 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IX-1 ------- radios that can be distributed to responders at the scene of a major incident. The effective communications range of the radios over level terrain is typically two to three miles. Each COWS also carries two satellite telephones. U.S. EPA Region 7 has an ACU 1000 in its mobile command post, which is frequently deployed to the scene of spills and releases or to such natural disasters as the Greensburg Tornado and the Coffeyville Flood in 2007. Unlike, KDOT, however, EPA does not have communications specialists dedicated to traveling with the ACU 1000, so its use is typically dedicated to EPA's communications with other entities, as opposed to facilitating communications among and between other entities. In addition to the previously described communications systems that could be deployed to an incident in the CKW Sub-area, each of the 12 Hazardous Materials teams deployed by the Kansas State Fire Marshal would arrive with a cross-band repeater in its response vehicle. D. Communications Framework during a Major Incident During any incident that would generate a major turnout of communications equipment, one of the first acts of the Incident Commander should be to designate a communications liaison. The communications liaison will coordinate with responding organizations to determine their capabilities and needs. Because of the breadth of its equipment and full-time communications specialists, the KDOT would play a lead role in establishing the communications structure during any incident to which a COWS is deployed. Because a COWS would deploy a 105-foot antenna upon arriving at the scene of an incident, KDOT's COWS would function as a communications base station. It should not be regarded as a mobile command post, once it has been positioned at an incident. Any KDOT COWS deployed to an incident would also command a predominant role in the incident because it would be distributing radios to responders from all levels of government. Other agencies responding with ACU 1000s or smaller communications gateways should be prepared to coordinate their operations with KDOT, because of the potential for the systems to interfere with one another. E. Other State-owned Communications Systems and Gateways In addition to KDOT's mobile communications systems, the Kansas Highway Patrol has an 800-MHz trunk communications system that could be brought into play during a major incident. In a major disaster that resulted in mobilization and deployment of Kansas National Guard units, the National Guard's C2V Mobile Incident Response Vehicle would probably be deployed and would play a prominent role in the communications infrastructure. The C2V (Command and Control Vehicle) was deployed for the first time on May 4, 2007, in response to the Greensburg tornado. The Guard's C2V provides communications interoperability through a Raytheon JPS ACU 1000. The Kansas Division of Emergency Management maintains a database that includes the radio frequencies used by emergency management agencies in all of Kansas' 105 counties. This information is available to state agencies responsible for facilitating communications interoperability. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 IX-2 ------- X. SITE SAFETY PLAN A. Integration of Site Safety Plans During a major incident involving hazardous substances, several hazardous materials (Haz-Mat) response teams could participate in the response. These teams should consist of personnel trained to at least the technician level and should be in complete compliance with OSHA's 1910.120 regulations. One of these requirements is the development of a site safety plan (SSP). Haz-Mat teams that could be present during a response include teams from municipal fire departments, contractors for RPs, states or federal agencies; a USCG Strike Team; military teams; and industrial mutual aid teams. Because each of these entities normally develops its own site safety plan, there is potential for conflict or confusion when the various response teams arrive at an incident. To ensure the safety of all responders and effectively implement the response, procedures to coordinate all efforts to develop safety plans for the site are needed. If a site has a single IC, that commander will appoint a Site Safety Officer (SSO), who will coordinate with the safety officers of all responding Haz-Mat teams. The SSO will ensure compatibility of all of the various site safety plans with the overall SSP. If a UCS is in place, the unified commanders will appoint an overall SSO, who will be responsible for completing an overall SSP. Any safety officer, who disagrees with any portion of the SSP after working with the SSO, should communicate concerns to the senior official on site for his or her organization. That official should discuss those concerns with the IC or UCS. The IC, or unified commanders, will bring the matter to the attention of the SSO and seek a resolution. The IC, who is ultimately responsible for the safety of everyone on site, has final approval of the SSP. B. Requirements for Site Safety Plans The site-specific safety plan is required of private employers of hazardous waste operations workers under the authority of 29 CFR 1910.120. The same requirement for governmental workers is found under the authority of 40 CFR 311. Both regulatory documents specify that 11 categories must be included in a site-specific safety plan. Each category of the plan must help identify, evaluate and control safety and health hazards, and provide for emergency response for hazardous waste operations. This includes organizational structure, personnel training, engineering methods, standard operating procedures, and equipment that will eliminate or reduce both the chemical and physical hazards associated with assigned tasks to be completed by personnel on site. The required categories of a site safety plan are as follows: 1. Key Personnel and Hazards Communication: Identify names of key personnel, such as: Project Manager, Field Operations Leader, Site Supervisor, and Site Health and Safety Officer. Identify communication procedures and provide for pre-activity briefings. (29 CFR 1910.120[b] [2]) 2. Task Risk or Hazard Analysis: Describe hazards or risks associated with each task to be performed. Include identification of chemical contaminants; affected media; concentrations, if known; and potential routes of exposures. (29 CFR 1910.120[b] [4]) 3. Employee Training Assignments: Training required to enter site (e.g., initial and annual health and safety training, first aid / CPR training, emergency response training). (29 CFR 1910.120[e]) 4. Medical Surveillance Requirements: Identify baseline monitoring and site-specific Central Kansas Wetlands Sub-area Contingency Plan, September 2008 X-l ------- medical monitoring required for all personnel entering the scene. (29 CFR 1910.120[f]) 5. Personal Protective Equipment: Describe the personal protective equipment (PPE) to be used for each task. (29 CFR 1910.120[g]) 6. Air and Personnel Monitoring: Describe frequency and types of air monitoring, personnel monitoring, and environmental sampling techniques and equipment to be used, including methods of maintenance and calibration for equipment and instruments. (29 CFR 1910.120[h]) 7. Site Control Measures: Specify the procedures to be used to minimize worker exposure to hazardous substances. These would include a site map, work zone definition, buddy system establishment, site communications, emergency alarm procedures, standard operating procedures for safe execution of tasks, and identification of nearest medical assistance. (29 CFR 1910.120[d]) 8. Spill Containment Procedures: Describe procedures to contain and isolate entire volume of any hazardous substance spilled during site activities. (29 CFR 1910.120[j]) 9. Decontamination Procedures: Describe procedures for decontaminating workers and equipment potentially exposed to hazardous materials. This section should also include methods to minimize contact with hazardous materials. (29 CFR 1910.120[k]) 10. Emergency Response Plan: Describe how anticipated emergencies will be handled and how risks associated with an emergency will be minimized. This plan must be developed prior to commencement of hazardous waste activities. (29 CFR 1910.120[1]) 11. Confined Space Entry Procedures: If necessary, describe procedures for entering confined spaces. (29 CFR 1910.120[b] [9]) Central Kansas Wetlands Sub-area Contingency Plan, September 2008 X-2 ------- XI. KANSAS DISPOSAL REGULATIONS The following matrix provides an overview of materials disposal requirements for Kansas: Material Regulation Non-Hazardous Debris and Soil • Disposal in an approved landfill with a Special Waste Disposal Authorization per K.A.R. 28-29-109 and 28- 31-3. RCRA Hazardous Debris and Soil • Disposal per K.S.A. 65-3430 and K.A.R. 28-3-1 through 6. Open Burning • Regulated under K.A.R. 28- 19-64. List of Emergency Response Contractors • None maintained by state. (Please see IV. H. on Page IV-9 for information on oilfield contractors.) Petroleum-Contaminated Water • Please see Petroleum Product Mixed with Water Technical Guidance Document HW 9701, which is available through KDHE. Land Farming • Regulated under K.S.A. 65- 3407 c (a) (2). Pesticides and Fertilizers • Use and disposal controlled by Kansas Department of Agriculture. Petroleum-Contaminated Soils • Regulated under K.S.A. 65- 3407 c (a) (2). Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XI-1 ------- XII. ACCESS TO OIL SPILL LIABILITY TRUST FUND AND CERCLA REIMBURSEMENT Current information on various aspects of the Oil Spill Liability Trust Fund is available through the U.S. Coast Guard's National Pollution Funds Center home page (http://www.uscg.mil/npfc/ and through the Oil Spill Liability Trust Fund home page: http://www.uscg.mil/npfc/About NPFC/osltf.asp A. OSLTF funding Procedures 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. Funding will be in accordance with EPA's "Guidance For Use Of The Oil Spill Liability Trust Fund," (OSWER Dir. 9360.8-11) February 1997, and EPA's "Guidance For Use Of Coast Guard Basic Ordering Agreements For Emergency Oil Spill Response Support," February 10, 1997. B. Federal Access to the OSLTF To access the OSLTF, the Eighth Coast Guard District Office in New Orleans, Louisiana, must be contacted at 504-589-6225 (24-hour number). The District Office will issue an eight-digit case number and authorize a spending ceiling. After receiving a number and ceiling from the District, the federal agency providing an FOSC must contact its contracting officer within 48 hours to issue a delivery order for services under the applicable Basic Ordering Agreements (BOAs). C. State Access to the OSLTF In accordance with regulations promulgated under Section 1012(d) (1) of OPA, the President, upon request of the state's governor, may obligate the OSLTF for payment in an amount not to exceed $250,000 for removal costs consistent with the National Contingency Plan (NCP) that are required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of discharge of oil. State access to the Fund provides an avenue for states to receive federal funds for immediate removal costs resulting from the response to actual or threatened discharges of oil. In making a request to access the OSLTF the individual making the request must: • Indicate that the request is a state access request under 33 CFR Part 133 • Provide the name, title, department and state • Describe the incident in sufficient detail to allow a determination of jurisdiction, including at a minimum: the date of the incident, type of product discharged, estimated quantity of discharge, the navigable water involved, and the proposed removal actions for which the funds are being requested under Part 133, and • Indicate the amount of funds requested. Further information is available through the USCG Technical Operating Procedures (TOPS) for State Access Under Section 1012(d) (1) of OPA, which can be accessed on-line at: http://www.uscg.mil/npfc/urg/urg chapter 5.asp D. Pollution Removal Funding Authorization State and local agencies and other federal agencies may perform removal actions under the direct supervision of an FOSC. In such situations, the FOSC issues a Pollution Removal Funding Authorization Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XII-1 ------- (PRFA) to the requesting agency to establish a contractual relationship and obligate the fund. Under this method the FOSC is actively directing the response actions of the federal, state or local agencies. In order to ensure reimbursement for expenditures, responding agencies should obtain a PRFA from the FOSC prior to incurring costs. State or local involvement in use of the OSLTF through a PRFA can be accomplished as follows: • The appropriate agency notifies the EPA of the spill immediately. • An FOSC travels to the site and discusses with the state or local representative what actions should be taken. The FOSC and the representative reach an agreement and document the specific goods and services to be provided in the form of a scope of work and provide a good-faith estimate of the total anticipated costs. A PRFA is prepared by the authorizing federal agency and signed by the FOSC to fund the state's actions. • During the response, the state or local government must document costs and submit them to the FOSC daily for approval. The requesting agency is responsible for payment of invoices incurred by response contractors. The PRFA commits the OSLTF to payment, by reimbursement, of costs incurred in the pollution response activities undertaken by another government agency working for the FOSC. When the removal is complete, the requesting agency submits cost documentation to the NPFC via the FOSC for reimbursement. Reimbursement is generally done through a single check to the other agency from the U.S. Coast Guard after the cleanup is done. More information on is available in Chapter 10 of the Technical Operation Procedures for Resource Documentation on the Internet at: http://www.uscg.mil/npfc/Response/Cost%20Documentation/prfa.asp E. Claims Section 1012(d) (1) of OPA 90 authorizes the use of the Fund for "the payment of claims in accordance with Section 1013 for uncompensated removal costs determined by the President to be consistent with the NCP for uncompensated damages." States or local governmental agencies may submit claims for uncompensated removal costs, which may include those salaries, equipment, and administrative costs directly related to a specific incident. The claimant may submit claims for removal costs directly to the Fund, even if the responsible party is unknown. To submit a claim against the OSLTF, the state or local agency must: Submit a detailed description of the incident, including at a minimum: what type of material was released or potentially released, what navigable water was impacted or potentially impacted, what response actions were taken to prevent, minimize or mitigate the release and were those actions consistent with the NCP. Include a detailed summary of the amount spent by the claimant during its response actions and provide backup documentation. The removal costs incurred must have been incurred as a result of the response actions taken to prevent, minimize, or mitigate the effects of the incident. Submit the package to the USCG National Pollution Funds Center (NPFC) for approval. The NPFC will review the claim to ensure the removal costs were reasonable and that actions taken were consistent with the NCP, which may include confirming that the response was an OPA-90 incident. Additional information on Claims can be found in the NPFC's Claimant Information Guide, which can be accessed on-line at: http://www.uscg.mil/npfc/Claims/default.asp Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XII-2 ------- F. CERCLA Local Governments Reimbursement Program Section 123 of CERCLA and Section 1002 (b) (2) (F) of OPA authorize EPA to reimburse local governments for some (and in rare cases possibly all) of the expenses incurred in carrying out temporary emergency measures in response to hazardous substance threats or releases. These measures or operations are necessary to prevent or mitigate injury to human health or the environment. The intent of this provision is to reduce any significant financial burden that may have been incurred by a city, county, municipality, parish, township, town, federally recognized Native American tribe, or general-purpose unit of government that takes the above measures in response to hazardous substance threats. Traditional local responsibilities, such as routine fire fighting, are not eligible for reimbursement. States are not eligible for this program and may not request reimbursement on their own behalf or on the behalf of a political subdivision within a given state (40 CFR Parts 310.20 and 310.30). The following criteria must be met before a request for reimbursement is to be considered: • Response actions were consistent with CERCLA, NCP, EPCRA. • The request contains assurances that the response does not supplant local funds normally provided for such activities. • The applicant must have first attempted to recover from all known PRPs and any other possible sources of reimbursement (state funds, insurance companies, etc.). Sixty days must be allowed for the responsible party to respond by making payment, expressing intent to pay, or demonstrating willingness to negotiate payment. • CERCLA limits the amount of reimbursement to $25,000 per single response. If several agencies or departments are involved in a response, they must determine among themselves which agency will submit the request for reimbursement. Any request must be received by EPA within one year of the date the response was completed. Some of the allowable costs may include, but are not limited to, the following: • Disposal materials and supplies acquired and used specifically for the related response. • Employee compensation for response work that is not provided in the applicant's operating budget. • Rental or leasing of equipment. • Replacement costs of equipment contaminated to the extent that it is beyond reuse or repair. • Decontamination of equipment. • Special technical services needed for the response, such as those provided by experts or specialists. • Other special services, such as utilities. • Laboratory analysis costs related to the response. • Costs associated with supplies, services and equipment procured for a specific evaluation. A review panel will evaluate each request and will rank the requests on the basis of financial burden. Financial burden is based on the ratio of eligible response costs to the locality's per capita income adjusted for population. If a request is not reimbursed during the review period for which it is submitted, the EPA's reimbursement official has the discretion to hold the request open for a 1-year reconsideration. An application package can be obtained by contacting the LGR Helpline: Phone number 1-800-431-9209. The application package contains detailed, line-by-line instructions for completing the application. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XII-3 ------- XIII. CENTRAL KANSAS WETLANDS WORST-CASE DISCHARGE SCENARIOS A. Worst-case Scenario for Cheyenne Bottoms or Quivira NWR The worst-case environmental disaster for the Central Kansas Wetlands Sub-area would be a major release of oil or discharge of hazardous substances into Cheyenne Bottoms or Quivira NWR during a period of major bird migration that was coincident with a period of high water or ongoing precipitation. Because waterfowl and shorebirds can mistake pools of spilled oil for surface water, unattended spills on dry land also have the potential to cause serious impacts to birds. The worst-case scenario involving human health and the environment would be a collision between a train or an 18-wheel truck carrying hazardous materials and a bus or van carrying numerous passengers. While extremely unlikely, these two events could converge if one were to envision a scenario in which a bus carrying Wings 'N Wetlands participants were to collide with a train or tractor trailer carrying oil or hazardous cargo, with the spilled product being carried into Cheyenne Bottoms. The four most likely sources of spills into Cheyenne Bottoms or Quivira NWR are: • A break in a gathering line or an accident involving a truck hauling crude oil from one of the leases within Quivira NWR or one of the leases on The Nature Conservancy property. • A break in one of the two petroleum pipelines that cross Quivira NWR at a time and when weather conditions are such that oil reaches open water on the refuge. • An accident on the railroad line that passes through the northern edge of the Cheyenne Bottoms Basin at a time when weather and other conditions are conducive to Haz-Mat or oil reaching open water at Cheyenne Bottoms. • An accident on Highway 281 resulting in a truck carrying a large volume of oil or Haz-Mat discharging its contents into the canal carrying water from Walnut Creek into Cheyenne Bottoms. B. Worst-case Scenario for Cheney Reservoir Cheney Reservoir's primary value and use is as a public water source for Wichita and the surrounding area. Some 400,000 people rely on the reservoir for about 70 percent of their drinking water. The reservoir's value for wildlife is limited, compared to Cheyenne Bottoms or QNWR. The worst-case scenario for Cheney would be introduction of contaminants that could impact human health. A secondary effect would be the financial impact of a spill on those who depend on Cheney's water. Because only a limited number of highways approach Cheney Reservoir's watershed, the most likely source of a major spill into the watershed would be the Union Pacific Railroad's line that passes over the North Fork of the Ninnescah River at Arlington. Pipelines also pass through the area. Flow in the river is not heavy, except during periods of sustained or heavy precipitation. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XIII-1 ------- XIV. APPENDICES TABLE OF CONTENTS Appendix A. Quick Action Response Guide A-l A. Guide to Sub-Area Notifications A-l B. Environmentally Sensitive Areas of Major Concern A-2 C. Communications Interoperability Links A-2 Central Kansas Wetlands Response Notification Flowchart A-3 Appendix B. Acronyms and Abbreviations B-l Appendix C. Definitions C -1 Appendix D. Emergency Management and Response Agencies, Natural Resource Trustees, State and Federal Agencies and Pipeline Operators within the Sub-Area D-l Appendix E Fire Departments in or Associated with the Sub-Area E-l Appendix F. Threatened or Endangered Species and Species in Need Of Conservation F-l Appendix G. Internet Websites Cited in This Plan G-l Corrections and Updates Form H-l Central Kansas Wetlands Sub-area Contingency Plan, September 2008 XIV-1 ------- APPENDIX A QUICK ACTION RESPONSE GUIDE This Quick Action Response Guide (QARG) is designed for use by responders from all levels of government and others who might be involved with an incident in the Central Kansas Wetlands (CKW) Sub-area. It is suggested that multiple copies of Appendix A be kept with the CKW SACP so they can be widely distributed during an incident. Facility managers are encouraged to include copies of Appendix A with their plans, and Emergency Management Coordinators are encouraged to include copies of the QARG as a stand-alone response plan or as an annex to their Local Emergency Operations Plan (LEOP). In the latter instance, responders may be able to electronically access the LEOP, and hence the QARG, through the Kansas Division of Emergency Management's website: http://www.accesskansas.org/kdem/ Some of the information available through KDEM's website is password-protected, so anyone who might need the information is advised to obtain a password in advance of responding to an incident. Each QARG developed for one of the six SACPs in Region 7 includes a Response Notification Flowchart, a Guide to Sub-area Notifications (see following section) and information on unique environmental resources located in the sub-area. A. Guide to Sub-area Notifications This section suggests considerations that might be taken into account when using the Response Notification Flowchart on Page A-3. The Notification Flowchart reflects and suggests an optimum flow of notifications that would follow a discharge of oil or release of hazardous substances. The obligation of a Responsible Party to notify the National Response Center (NRC) when a spill exceeds the reportable quantity for a hazardous substance is established by statute. Likewise, the NRC's responsibility to notify EPA and other agencies of spills is recognized. Beyond those initial notifications, however, it is recognized that notifications evolve independently for each incident. Decisions on notification will depend on the volume of material released, the perceived threat to human health or the environment posed by the release, the capability of an agency to handle the situation, and personal preferences and historical working relationships. Initial notifications might originate with a Responsible Party, but they also come from the public or via the news media. Likewise, any agency shown in the Response Notification Flowchart could be the first alerted to an incident. Oil operators are required to notify the Kansas Corporation Commission when a spill occurs on a lease. Although oil is not considered a hazardous material under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), operators are required (under the Oil Pollution Act of 1990) to notify the NRC whenever an oil spill has the potential to reach navigable waterways in a quantity that would produce a sheen. In addition, operators are required to notify KDHE when a release leaves or threatens to leave a lease. Local responders are encouraged to notify the NRC whenever they have reason to suspect a Responsible Party has not made proper notifications. Several local jurisdictions, including the cities of Stafford and Hoisington, have mutual aid agreements (MAAs) with the Hutchinson Fire Department. The focus of these MAAs is on potential spills to Quivira National Wildlife Refuge and to Cheyenne Bottoms and on responses to structures in the cities. The Hutchinson Hazardous Materials (Haz-Mat) team is not one of 12 Haz-Mat teams participating in the state program that allows the Kansas State Fire Marshal's (KSFM's) office to dispatch a Haz-Mat team when an Incident Commander requests state assistance after determining local and mutual aid resources are insufficient to handle an incident. The KSFM Regional Hazardous Materials Response Teams located in Salina, Hays and Dodge City are the nearest to the sub-area; however, the Central Kansas Wetlands Sub-area Contingency Plan, September 2008 A-l ------- KSFM can dispatch any of the 12 participating teams from within the state to an incident. The KSFM should be contacted whenever local and mutual aid resources are insufficient to handle a hazardous materials incident. B. Environmentally Sensitive Areas of Major Concern The potential for damage to sensitive environments in the sub-area varies significantly from year to year and season to season. The variance is primarily due to water levels and whether migrating birds are present. The Nature Conservancy's approximately 7,300 acres in the Cheyenne Bottoms basin and the 20,000 acres in Cheyenne Bottoms State Wildlife Area can dry up completely during droughts. Generally, the threat of an oil spill to wildlife is small when water is absent, but birds, particularly waterfowl, could mistake pools of spilled oil for water and die as a result. During wet periods millions of shorebirds and other birds can be present during spring migration, which peaks in April, and hundreds of thousands of waterfowl and other birds can be present during fall migrations, which peak in October. Quivira suffers less fluctuation in water levels and typically supports fewer shorebirds than Cheyenne Bottoms, but it often offers greater avian diversity. State- and federally listed threatened and endangered species frequent both areas. Approximately two-dozen wells produce oil on Quivira National Wildlife Refuge. In addition, various gathering lines move the oil from the wellheads to tank batteries where it is separated from production water and stored. The oil is hauled off the refuge in tank trucks. In addition, two major petroleum pipelines cross Quivira. More than a dozen oil wells operate on The Nature Conservancy's land in the northwest corner of the Cheyenne Bottoms basin. Oilfield service trucks frequently travel on roads across TNC's land and across the state-operated Wildlife Area. In addition, a major railroad line passes through the northern edge of the Cheyenne Bottoms Basin. U.S. Highway 281 passes over the canal that runs brimful into Cheyenne Bottoms when runoff from rains is sufficient to cause flow in Walnut Creek. Any of these transportation avenues could spill hazardous materials, oil, fuel alcohol or other materials harmful to wildlife into an environmentally sensitive area, especially during wet periods. Cheney Reservoir, which is located in southeastern Reno County, is both economically and environmentally sensitive. The reservoir provides up to 70 percent of the drinking water used by 400,000 residents in Wichita and nearby areas. The Bureau of Reclamation leases the reservoir to the Kansas Department of Wildlife and Parks, which maintains a state park on the south shore of the reservoir and a wildlife refuge on the reservoir's north side. The state park includes eight campgrounds with 420 campsites. The North Fork Ninnescah River carries 70 percent of the reservoir's water. C. Communications Interoperability Links As noted in Chapter IX Communications Protocol of the CKW SACP, local communications interoperability in the CKW Sub-area is somewhat limited. During a major incident, responding organizations should be prepared to provide a communications liaison who could be located within the IC or where otherwise needed in order to facilitate communications among the responding organizations. Barton County and the Hutchinson Fire Department each operate cross-band repeaters that could link three conversations from disparate sources. Upgraded communications interoperability during a major incident could be achieved by accessing one of the two Communications on Wheels Systems (COWS) maintained by the Kansas Department of Transportation. The COWS can provide real-time connections between VHF, UHF, 800 Megahertz trunk radio systems and other means of communications. EPA Region 7 and the Kansas National Guard also operate communications gateways that could be deployed during a major incident. The state and federal communications gateways are Raytheon ACU 1000s. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 A-2 ------- APPENDIX A Central Kansas Wetlands Response Notification Flowchart Additional Contacts for Central Kansas Wetlands Sub-area Organization 24/7 Number Admin Phone < >rganization 24/7 Number Admin Phone Barton County Emergency/Risk 620-786-4450 620-793-1919 msas Corporation Commission 316-337-6200 Management 911 Adm. 1920 Cheney Reservoir, Administrative #s are for KDWP 620-694-2801 316-542-3664 Rice County EMA 620-257-2363 620-257-5200 rk (south side) and refuge (north side) of lake. 620-459-6922 Reno County EMA 620-694-2801 620-694-2974 msas Department of Agriculture—Pesticide Info. 785-296-0672 Stafford County EMA 620-549-3247 620-549-3765 msas Department of Agriculture—Fertilizer Info. 785-296-3454 Quivira National Wildlife Refuge HQ 620-486-2393 msas Department of Transportation 785-231-4934 785-296-7136 Cheyenne Bottoms Wildlife Area 620-450-7213 620-793-3066 S. Fish and Wildlife Service Ecological Services 785-539-3474 Nature Conservancy Preserve 620-786-4745 620-564-3351 ^JR Pipeline Company 800-231-2800 Haz-Mat Response Inc. 800-229-5252 620-793-4828 Jayhawk Pipeline 888-542-9575 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 A-3 ------- APPENDIX B ACRONYMS AND ABBREVIATIONS AC Area Committee ACP Area Contingency Plan ARARs Applicable or Relevant and Appropriate Requirements ATSDR Agency for Toxic Substances and Disease Registry BOA Basic Ordering Agreement CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CDC Centers for Disease Control CHEMTREC Chemical Transportation Emergency Center CHRIS Chemical Hazard Response Information System CIC Community Involvement Coordinator CIP Community Involvement Plan CKW Central Kansas Wetlands CKW SACP Central Kansas Wetlands Sub-area Contingency Plan CWA Clean Water Act (Federal Water Pollution Control Act) DHS Department of Homeland Security DOC Department of Commerce DOD Department of Defense DOE Department of Energy DOI Department of the Interior DOT Department of Transportation EHS Extremely Hazardous Substance EMAs Emergency Management Agencies EOC Emergency Operations Center EPA Environmental Protection Agency EPCRA Emergency Planning and Community Right To Know Act (SARA Title III) ERRS Emergency and Rapid Response Services (EPA contract) ERT Environmental Response Team ESA Environmentally Sensitive Area or Endangered Species Act ESF Emergency Support Function EEMA Federal Emergency Management Agency FHWA Federal Highway Administration FOSC Federal On-scene Coordinator FRP Federal Response Plan FWPCA Federal Water Pollution Control Act FWS U.S. Fish and Wildlife Service GIS Geographic Information System GSA General Services Administration Haz-Mat Hazardous Materials HAZWOPER Hazardous Waste Operations and Emergency Response HFD Hutchinson Fire Department HHS Department of Health and Human Services IC Incident Commander ICP Integrated Contingency Plan ICS Incident Command System JFO Joint Field Office KDEM Kansas Division of Emergency Management Central Kansas Wetlands Sub-area Contingency Plan, September 2008 B-l ------- APPENDIX B ACRONYMS AND ABBREVIATIONS KDHE Kansas Department of Health and Environment KDOT Kansas Department of Transportation KDWP Kansas Department of Wildlife and Parks K.S.A. Kansas Statutes Annotated KSFM Kansas State Fire Marshal LEOP Local Emergency Operations Plan LEPC Local Emergency Planning Committee LERP Local Emergency Response Plan LFA Lead Federal Agency LGR Local Governments Reimbursement MAA Mutual Aid Agreement MHz Megahertz MMS Minerals Management Service MOU Memorandum of Understanding MSD Marine Safety Detachment MSDS Material Safety Data Sheet NIMS National Incident Management System NRF National Response Framework NRP National Response Plan NCP National Oil and Hazardous Substances Pollution Contingency Plan NIOSH National Institute for Occupational Safety and Health NO A A National Oceanic and Atmospheric Administration NPDES National Pollutant Discharge Elimination System NPFC National Pollution Funds Center NPL National Priorities List NRC National Response Center NRF National Response Framework NRCS Natural Resources Conservation Service NRS National Response System NRT National Response Team NSF National Strike Force NSFCC National Strike Force Coordination Center ODP Office of Domestic Preparedness OHMTADS Oil & Hazardous Materials Technical Assistance Data System (EPA) OPA Oil Pollution Act OPA 90 Oil Pollution Act of 1990 OPS Office of Pipeline Safety OSC On-Scene Coordinator OSHA Occupational Safety and Health Administration OSLTF Oil Spill Liability Trust Fund OSROs Oil Spill Removal Organizations OSWER Office of Solid Waste and Emergency Response PIAT Public Information Assist Team PFO Principal Federal Official POLREP Pollution Report in Message Format PREP National Preparedness for Response Exercise Program Central Kansas Wetlands Sub-area Contingency Plan, September 2008 B-2 ------- APPENDIX B ACRONYMS AND ABBREVIATIONS PRFA Pollution Removal Funding Authorization PRP Potentially Responsible Party QNWR Quivira National Wildlife Refuge RACES Radio Amateur Civil Emergency Services RA Regional Administrator RAT Radiological Assistance Team RCP Regional Contingency Plan RCRA Resource Conservation and Recovery Act RERT Radiological Emergency Response Team (Region 7) RP Responsible Party RPM Remedial Project Manager RRC Regional Response Center RRT Regional Response Team RSPA Research and Special Programs Administration SACP Sub-Area Contingency Plan SARA Superfund Amendments and Reauthorization Act of 1986 SARA Title III Title III of the Superfund Amendments and Reauthorization Act of 1986 SEOC State Emergency Operations Center SERC State Emergency Response Commission SKIM Spill Cleanup Inventory System SMOA Superfund Memorandum of Agreement SONS Spills of National Significance SOSC State On-Scene Coordinator ssc Scientific Support Coordinator sso Site Safety Officer SSP Site Safety Plan START Superfund Technical Assessment and Response Team TOPS Technical Operating Procedures UCS Unified Command System UHF Ultra High Frequency URL Uniform Resource Location (on the Internet) USDA United States Department of Agriculture USCG United States Coast Guard USGS United States Geological Survey USFWS United States Fish and Wildlife Service VHF Very High Frequency WCD Worst-Case Discharge Central Kansas Wetlands Sub-area Contingency Plan, September 2008 B-3 ------- APPENDIX C DEFINITIONS (Appendix C provides definitions for words or phrases that might be encountered during a response. The inclusion of definitions for various materials or treatment techniques should not be interpreted as endorsement or approval of their use. ) Activation means notification by telephone or other expeditious manner or, when required, the assembly of some or all appropriate members of the RRT or NRT. Area Committee (AC), as provided for by CWA sections 31 l(a)(18) and (j)(40), 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 Contingency Plan (ACP), as provided for by CWA sections 31 l(a)(19) and (j)(4), means the plan prepared by an Area 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. CERCLA is the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986. Chemical Agents means those 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. Cleanup Operations, under K.S.A. 65-171v, whenever a water or soil pollutant is discharged intentionally, accidentally or inadvertently and the secretary of health and environment or his or her authorized representative determines that the discharged material must be collected, retained or rendered innocuous, and if a discharger refuses to undertake cleanup operations or if the responsible discharger is unknown at the time, the secretary or his or her authorized representative may enter into an agreement with a person to conduct the necessary cleanup operations with payment for such cleanup work to be provided from the pollutant discharge cleanup fund. Any person responsible for or causing the discharge of materials which are determined necessary to cleanup under the provisions of this act shall be responsible for repayment of the costs of cleanup work upon reasonably detailed notification by the secretary or his or her authorized representative. If the responsible person fails to promptly submit payment for costs of the cleanup operations when so notified, such payment shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Kansas in the district court of the county in which such costs Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-l ------- APPENDIX C DEFINITIONS were incurred. Any moneys recovered under this section shall be remitted to the state treasurer. Upon receipt thereof, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the pollutant discharge cleanup fund. History: L. 1979, ch. 269, § 2; July 1. 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. 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. 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 container, motor vehicle, rolling stock, or aircraft, or any site or area, where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel. As defined by section 1001 of the OPA, 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. 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 NRT 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 Superfund established by section 9507 of the Internal Revenue Code of 1986. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-2 ------- APPENDIX C DEFINITIONS 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. 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 take 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, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). 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. Joint Field Office (JFO) A temporary federal facility established locally to provide a central point for federal, state, local and tribal executives with responsibility for incident oversight, direction, and/or assistance to effectively coordinate protection, prevention, preparedness, response and recovery actions. The JFO combines the traditional functions of the Joint Operations Center, FEMA's Disaster Field Office and the Joint Information Center within a single federal facility. 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 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 (remedial project manager) 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 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 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 where the remedy is selected by the federal agency for non-NPL sites or by EPA and the federal agency or by EPA Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-3 ------- APPENDIX C DEFINITIONS 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 Incident Management System (NIMS) is a system mandated by Presidential Homeland Security Policy Directive-5 that provides a consistent, nationwide approach for federal, state, local and tribal governments; the private sector and Nongovernmental Organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents regardless of cause, size or complexity. To provide for interoperability and compatibility among federal, state, local and tribal capabilities, the NIMS includes a core set of concepts, principles and terminology. HSPD-5 identifies these as the ICS; multi-agency coordination systems; training; identification and management of resources (including systems for classifying types of resources); qualification and certification; and the collection, tracking, and reporting of incident information and incident resources. 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 by federal agencies and states for removal actions and by federal trustees to initiate the assessment of natural resource damages; providing appropriate access to the OSLTF for claims; and coordinating cost recovery efforts. National Response Framework (NRF) presents the guiding principles that enable responders to prepare for and provide a unified national response to disasters and emergencies ranging from the smallest incident to the largest catastrophe. The NRF establishes a comprehensive, national, all-hazards approach to domestic response. It defines the key principles, roles, and structures that will lead to an organized response. It describes how communities, tribes, states and the federal government, and private- sector and nongovernmental partners apply those principles for a coordinated, effective national response. The NRF identifies special circumstances where the federal government exercises a larger role, including incidents where federal interests are involved and catastrophic incidents where a state would require significant support. National Response Plan (NRP) is an all-discipline, all-hazards plan that established a single, comprehensive framework for the management of domestic incidents. The NRP, approved in 2004 and revised in 2006, provided the structure and mechanisms for the coordination of federal support to state, local and tribal incident managers and for exercising direct federal authorities and responsibilities. Portions of the NRP were superseded when the National Response Framework became official on March 28, 2008. 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 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-4 ------- APPENDIX C DEFINITIONS 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 for commerce; (4) All impoundments of waters otherwise defined as navigable waters under this section; (5) Tributaries of waters identified in paragraphs (1) through (4) of this definition, including adjacent wetlands; and (6) Wetlands adjacent to waters identified in paragraphs (1) through (5) of this definition: Provided, that 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 do 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. 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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-5 ------- APPENDIX C DEFINITIONS 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), under subpart E of the NCP, means the federal official predesignated by EPA or the USCG to coordinate and direct responses under subpart D of the NCP, or the government official designated by the lead agency to coordinate and direct removal actions. 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 water 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. Owner, under K.A.R 28-48. Spill Reporting, means individual, partnership, firm, trust, company, association, corporation, institution, political subdivision or agency which is financially responsible for the material or facility. Person, as defined by section 101(21) of CERCLA, means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, Untied States government, state, municipality, commission, political subdivision of a state, 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. Person responsible, under K.A.R 28-48. Spill Reporting, means person or organization which has been placed in control of the material or facility by the owner. Principal Federal Official (PFO) is the federal official designated by the Secretary of Homeland Security to act as his/her representative locally to oversee, coordinate, and execute the Secretary's incident management responsibilities under HSPD-5 for Incidents of National Significance. 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 chain, 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 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-6 ------- APPENDIX C DEFINITIONS (F) of CERCLA, nor does it include natural gas, liquefied 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. Pollution, under Kansas Statutes, means: (a) Such contamination or other alteration of the physical, chemical or biological properties of any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state or to other designated beneficial uses; or (b) Such discharge as will or is likely to exceed state effluent standards predicated upon technologically based effluent limitations. 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 by a state or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce. Remove or removal, as defined by section 311(a)(8) of the CWA, refers to containment and removal of oil or hazardous substances from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare of the United States (including, but not limited to, fish, shellfish, wildlife, 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 in 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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-7 ------- APPENDIX C DEFINITIONS (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 et seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility is located (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." 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 of the NCP. 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 quantitative 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 classifications which are provided as guidance to the OSC for meeting pollution reporting requirements in subpart B of the NCP. The final determination of the appropriated 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 contaminants(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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-8 ------- APPENDIX C DEFINITIONS 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- (i) Peat moss or straw; (ii) Cellulose fibers or cork; (iii) Corncobs; (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 one such actions are operating and functioning properly, such as the maintenance of landfill caps and leachate collection systems. 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 of 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 state 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. 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. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-9 ------- APPENDIX C DEFINITIONS Surface collecting agents means those chemical agents that form a surface film to control the layer thickness of oil. Surface washing agent is any product that removes the oil from solid surfaces, such as beaches and rocks, through a detergent mechanism and does not involve dispersing or solubilizing the 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. Trustee means an official of a federal natural resources management agency designated in subpart G of the NCP or a designated state official or Indian tribe or, in the case of discharges covered by the OPA, a foreign government official, who may pursue claims for damages under section 107(f) of CERCLA or section 1006 of the OPA. 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 Untied States Virgin Islands, and the Pacific Island Governments. Untied States, when used in relation to section 101(27) of CERCLA and section 1001(36) of the OPA, includes the several states of the Untied 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 Untied States has jurisdiction. Waters of the state, under K.A.R 28-48. Spill Reporting, means all streams and springs, and all bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State.(Authorized by and implementing K.S.A. 1984 Supp. 65-171d; effective May 1, 1986.) Wildlife Refuge, under K.S.A. 65-171d—Prevention of Water Pollution, means Cheyenne Bottoms wildlife management area, Cheyenne Bottoms preserve, and Flint Hills, Quivira, Marais des Cygnes and Kirwin national wildlife refuges. Worst-case discharge, as defined by section 311(a)(24) of the CWA, means, in the case of a vessel, a discharge in adverse weather conditions of its entire cargo, and, in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather conditions. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 C-10 ------- APPENDIX D EMERGENCY MANAGEMENT AND RESPONSE AGENCIES, NATURAL RESOURCE TRUSTEES, STATE AND FEDERAL AGENCIES AND PIPELINE OPERATORS WITHIN THE SUB-AREA AGENCY LEAD OFFICIAL 24/7 PHONE ADMIN. PHONE OTHER INFORMATION Barton County Contacts Barton County Emergency/Risk Management Amy Miller, Director 620-793-1919 emermgmt @ bartoncounty. org Cell: 620-786-4450 FAX: 620-793-1807 Great Bend Fire and EMS 620-793-4143 or 793-4144 620-793-4140 Day-time emergency response: 620-793-4140 Rice County Contacts Rice County Emergency Management Terry David, EMA Director County Dispatch: 620-257-2363 620-257-5200 David27 @peoplepc.com Rice County Emergency Mgmt Greg Klein Assistant Director 620-257-2363 620-257-7848 greg @ricecoem. kscoxmail.com Reno County Contacts Reno County Emergency Mgmt Bill Guy, EMA Director 911-Dispatch 620-694-2801 620-694-2974 Cheney Reservoir Stuart Schrag KDWP 620-694-2801 620-459-6922 stuarts@wp.state.ks.us On north side of reservoir Cheney Reservoir Pump Station Dan Olmsted City of Wichita 316-268-4968 316-540-3574 dolmsted @ wichita.gov Sedgwick County/City of Wichita Wichita Water Treatment Plant 316-268-4968 Wichita area gets 70% of its water from Cheney Reservoir Stafford County Contacts Stafford County Emergency Mgmt Jason Bolt, Fire/EMS Chief 620-549-3247 620-549-3765 Fire. ems. chief. @ stj ohnks. net Cell: 620-793-2423 FAX: 620-549-3744 State of Kansas Contacts Kansas State Fire Marshal Dan Thompson 866-542-9628 Activate Pager 785-357-3261 For Dispatch of Regional Haz-Mat Team Kansas Department of Health and Environment 785-296-1679 785-296-1679 KDHE Hays Region: 785-625-5663 Cheney State Park Jody Schwartz Head Ranger 620-694-2801 316-542-3664 Located on south side of reservoir KDHE Fish Kill Notification 785-296-0079 Kansas Corporation Commission Notification for spills on oil or natural gas lease 316-337-6200 KCC Hays Region 785-625-0550 Kansas Division of Emergency Management 800-905-7521 785-296-8013 KDEM for Haz- Mat Emergencies 800-905-0297 or 785-296-8013 KDEM South- Central District Jim Leftwich 316-833-0498 jleftwich@agtop.state.ks.us Central Kansas Wetlands Sub-area Contingency Plan, September 2008 D-l ------- AGENCY LEAD OFFICIAL 24/7 PHONE ADMIN. PHONE OTHER INFORMATION Kansas Dept. of Agriculture 785-296-0672 For technical assistance on pesticides Kansas Dept. of Agriculture 785-296-3454 For technical assistance on fertilizers Kansas Department of Transportation (KDOT) 24/7 Emergency 785-231-4934 Daytime Emergency 785-296-7136 785-296-7136 For Communications System Information: Mark Krentz 785-296-7136 krentz@kdot.org Great Bend area KDOT Engineer or Supervisor 620-793-5408 KDOT District 5 620-663-3361 Kansas Department of Wildlife and Pratt Operations Office 620-672-5911 Administrative in Topeka: 785-296-2881 KDWP Dodge City, Region 3 620-227-8609 Parks Federa Emergency Response Contact Numbers National Response Center Operated by U.S. Coast Guard 800-424-8802 For Report of all spills exceeding reportable quantities and oil sheens on Waters of the United States U.S. Environmental Protection Region 7 913-281-0991 Spill Fax Line: 913-551-7151 Agency State and Federal Natural Resource Trustees Kansas Department of Health and 785-296-1679 785-296-1679 KDHE Hays Region: 785-625-5663 Environment U.S. Department of the Interior (for all notifications of potential impacts to natural resources) Office of Environmental Policy and Compliance, Denver, CO 303-478-3373 303-445-6320 FAX: 303-445-6320 U.S. Fish and Wildlife Service John Miesner or Gibran Suleiman 785-539-3474 Dial "0" ask for Suleiman or Miesner USFWS Ecological Services Office, Manhattan. Not for initial notifications Wildlife Area Managers Cheyenne Bottoms Wildlife Area Karl Grover, manager Grover cell phone: 620-450-7213 620-793-3066 cheybott @ wp. s tate. ks. us Cheney Wildlife Area Stuart Schrag, manager 620-459-6922 stuarts @ wp. state.ks.us Quivira National Wildlife Refuge Manager 620-486-2393 The Nature Conservancy Rob Penner, land steward, Ellinwood Penner Cell phone: 620-786-4745 TNC Kansas Headquarters: 620- 564-3351 Topeka rpenner@tnc.org FAX: 620-564-3351 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 D-2 ------- AGENCY LEAD OFFICIAL 24/7 PHONE ADMIN. PHONE OTHER INFORMATION Commercial Oil and Hazardous Materials Response Resources Haz-Mat Response Inc. Troy McFarren, Great Bend or Alan Gremmel or Ken Simmons, Wichita 24/7 Call Center 800-229-5252 Ext. 1 Great Bend: 620-793-4828 Wichita: 316-524-6800 tmcfarren@haz- matresponse.com agremmel@haz- matresponse.com ksimmons@haz- matresponse.com Pipe ine Companies Operating in the Area ANR Pipeline 800-231-2800 Jayhawk Pipeline 888-542-9575 Central Kansas Wetlands Sub-area Contingency Plan, September 2008 D-3 ------- APPENDIX E FIRE STATIONS IN OR ASSOCIATED WITH THE SUB-AREA Department Fire Chief Chief's Home # Cell Number Work Number/email Fire Departments in Barton County Albert VFD Dale Dirks 620-923-4333 620-617-1662 Albert VFD Asst. Charles Keller 620-923-5136 Beaver VFD Gerald Schauf 620-587-3352 620-791-7973 Ellinwood VFD Chris Komarek 620-564-3510 620-868-3510 620-564-3046 Fire District #1/Claflin Doug Hubbard 620-587-2346 620-562-7398 620-587-3498 Galatia VFD Steve Wilhelm 620-935-4331 620-923-5028 620-935-4331 Great Bend Fire Dept. Mike Napolitano 620-792-4563 620-793-2345 620-793-4140 Great Bend Station-2 620-792-4563 620-793-2345 620-793-4145 Hoisington VFD Jim Sekavec 620-586-3237 620-653-7772 Olmitz VFD Dave Bitter 785-387-2433 Otis VFD Tim Galusha 620-982-4890 785-387-2582 Pawnee Rock VFD Roger Johnson 620-285-9566 Fire] Departments in Rice County (all are volunteer departments) Alden Curt Darling 620-562-7959 Bushton Jerry Huff 620-562-7928 620-562-3407 Chase Rural Ed Feil 620-562-7962 620-257-2363 Geneseo Bob Jackson 620-562-7933 Little River Russell Stephenson 620-562-7950 620-897-6260 Lyons Greg Moss 620-257-3801 620-257-2363 Raymond Kirk Fish 620-257-2363 Rice County Rural Ed Feil 620-257-7962 620-257-2363 Fire Departments in Stafford County (all are volunteer departments) Stafford Trish Knoche Asst: Jerry Sanders 620-234-6997 staffordfire@networksplus.net Macksville 620-549-3208 St. John 620-549-3208 Stafford County RFD 620-549-3478 620-549-3247 620-549-3247 Hutchinson Fire Department in Reno County, which has MAA with Rice County Hutchinson Chief Kim Forbes 24/7 nonemergency dispatch & admin: 620-694-2801 620-694-2870 kimf @ hutchgov. com Mike Patterson 620-694-2801 620-694-2872 mikep @hutchgov. com Salina Fire Department (would be dispatched through Kansas State Fire Marshal) Salina Haz-Mat Team Team leader: Calvin Kelsey 24/7: 785-826-7340 785-826-7340 calvin.kelsey @ salina.org Central Kansas Wetlands Sub-area Contingency Plan, September 2008 E-l ------- APPENDIX F THREATENED OR ENDANGERED SPECIES AND SPECIES IN NEED OF CONSERVATION (This appendix is designed to provide limited information on the sub-area's environmentally sensitive species. The extent of damage to natural resources may be dependent on water levels, seasonality, migrations, spawning patterns and other factors best understood by Natural Resource Trustees. For that reason, the appropriate state or federal Natural Resource Trustee should be notified whenever a spill or discharge affects or has the potential to affect a sensitive environmental resource.) COUNTY SPECIES TYPE FEDERAL STATUS STATE STATUS OTHER INFORMATION Barton, Reno, Rice, Stafford Arkansas darter Etheostoma cragini Fish Candidate for listing Threatened Small streams Barton, Reno, Rice Arkansas River shiner Notropis girardi Fish Threatened Endangered Critical habitat designated Barton, Reno, Rice, Arkansas River speckled chub Macrhybopsis tetranema Fish NA Endangered Critical habitat designated Barton, Reno, Rice, Stafford Bald Eagle* Haliaeetus leucocephalus Bird Threatened Barton, Reno, Rice, Stafford Eastern Spotted Skunk Spilogale putorius Mammal NA Threatened Critical habitat designated Barton, Reno, Rice, Stafford Eskimo curlew Numenius borealis Bird Endangered Endangered Barton, Reno, Rice, Stafford Least Tern Sterna antillarum Bird Endangered Endangered Critical habitat designated Barton, Reno, Rice, Stafford Peregine falcon Falco peregrinus Bird NA Endangered Barton, Reno, Rice, Stafford Piping Plover Charadius melodus Bird Threatened Threatened Barton, Reno, Rice, Stafford Snowy Plover Charadrius alexandrinus Bird NA Threatened Barton, Reno, Rice, Stafford Whooping crane Grus Americana Bird Endangered Endangered Barton, Stafford Black Rail Laterallus jamaicensis Bird Species in need of conservation (SINC) Barton, Reno, Rice, Stafford Black Tern Chlidonias niger Bird SINC Barton, Rice, Stafford Bobolink Dolichonyz oryzivorus Bird SINC Barton Cerulean Warbler Dendroica cerulea Bird SINC Barton, Stafford Chichuahuan Raven Corvus cryptoleucus Bird SINC Barton, Reno Curve-Billed Thrasher Toxostoma curvirostre Bird SINC Barton, Reno, Stafford Eastern Hognose Snake Heterodon platirhinos Snake SINC Central Kansas Wetlands Sub-area Contingency Plan, September 2008 F-l ------- COUNTY SPECIES TYPE FEDERAL STATUS STATE STATUS OTHER INFORMATION Barton, Reno, Stafford Ferruginous Hawk Buteo regalis Bird SINC Reno, Rice, Stafford Glossy Snake Arizona elegans Snake SINC Barton, Reno, Rice, Stafford Golden Eagle Aquila chrysaetos Bird SINC Barton, Reno, Stafford Long-billed Curlew Numenius americanus Bird SINC Barton, Stafford Mountain Plover Charadrius montanus Bird SINC Barton, Reno, Rice Plains Minnow Hybognathus placitus Fish SINC Barton, Rice, Stafford Short-eared Owl Asio flammeus Bird SINC Stafford Southern Bog Lemming, Synaptomys cooperi Mammal SINC Reno, Rice, Stafford Western Hog-nosed Snake Heterodon nasicus Snake SINC Stafford Whip-poor-will Caprimulgus vociferus Bird SINC Rice Yellow-throated Warbler Dendroica dominica Bird SINC * The Bald Eagle in the lower 48 states was delisted or removed from the Federal list of Endangered & Threatened Wildlife by the US FWS in July 2007. Its status will be monitored for at least 5 years after its delisting. The protections provided to the bald eagle under the Bald & Golden Eagle Protection Act and the Migratory Bird Treaty Act will remain in place after the species is delisted. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 F-2 ------- APPENDIX G INTERNET WEBSITES CITED IN THIS PLAN Additional information on various topics referenced in this SACP is available on the Internet on websites maintained by federal and state agencies. The URLs referenced at various points with this plan are shown below. 1. To view the latest copy of this plan on the Internet: http://www.epa.gov/region07/cleanup/superfund/integrated plan.htm 2. The National Response Framework core document, along with the ESF Annexes and Support Annexes is available at the NRF Resource Center: http://www.fema.gov/NRF 3. The National Response Plan can be downloaded at: http://www.dhs.gov/xprepresp/committees/editorial Q566.shtm 4. Information on the National Information Management System is available at: http://www.nimsonline.com/ 5. The National Pollution Fund Center's home page: http://www.uscg.mil/npfc/ 6. For general information on the Oil Spill Liability Trust Fund: http://www.uscg.mil/npfc/About NPFC/osltf.asp 7. For information on how states could access the Oil Spill Liability Trust Fund: http://www.uscg.mil/npfc/urg/urg chapter 5.asp 8. For information on Pollution Removal Funding Authorizations, please see Chapter 10 of the Technical Operation Procedures for Resource Documentation at: http://www.uscg.mil/npfc/Response/Cost%20Documentation/prfa.asp 7. Additional information on filing claims through the National Pollution Funds Center can be found in the NPFC's Claimant Information Guide at: http://www.uscg.mil/npfc/Claims/default.asp 8. The Kansas Division of Emergency Management's website, which includes some Local Emergency Operations Plans, can be accessed through: http://www.accesskansas.org/kdem/ Central Kansas Wetlands Sub-area Contingency Plan, September 2008 G-l ------- CORRECTIONS AND UPDATES FORM Corrections, updates or suggested additions to the Central Kansas Wetlands Sub-area Contingency Plan should be provided to the EPA Region 7 Emergency Response and Removals (ER&R) program. Because the OSC responsible for this specific plan will change with the passage of time, written changes should be addressed to the address indicated below. If there are questions, the name of the current OSC for the Central Kansas Wetlands sub-area can be obtained from the Chief of the ER&R program: 913-551-7952. Please complete the following information to effect a change in the sub-area plan: Page # of the plan. Section and subsection numbers of the paragraph to be changed: Other description: (e.g., third sentence, in second full paragraph on page:) Corrections or suggested changes: Send to: On-Scene Coordinator for Central Kansas Wetlands Sub-area Contingency Plan Emergency Response & Removals Program U.S. Environmental Protection Agency 901 N. 5th Street Kansas City, KS 66101 Changes can also be emailed to EPA On-scene Coordinator (OSC) Katy Miley at mile v. katv @ epa. gov; however, it is recommended that a particular OSC's involvement with the sub-area be verified before submitting corrections or additions to them, because responsibilities are subject to change. Central Kansas Wetlands Sub-area Contingency Plan, September 2008 H-l ------- I Nature Conservancy Property Cheyenne Bottoms Roads Open Quivira Roads Asphalt County Boundary Gravel City Boundary Dirt Managed Wildlife Areas Unspecifu ¦ Wetlands and Wildlife Scenic Byway , ^, ¦ Railroads Ijjg • Interstate p > U.S. Highway ' State Highway ^ ¦ Stream • Waterbody * Cheyenne Bottoms Pools TNC Shop Cheyenne Bottoms Headquarters Cheyenne Bottoms Parking Quivira NWR Headquarters Visitors Center Response Rally Point Quivira Tanks 10 Miles Data Sources: Transportation: GDT 2004 Waterbodies: National Hydrolgraphy Dataset (USGS) Pipelines: NPMS (Dept. Of Transportation) 2003 Cheyenne Bottoms and Quivira Specific Data (Unkown) Managed Lands, Oil Wells: State of Kansas (DASC) 2005 National Wetlands Inventory: US Fish and Wildlife (DASC) Managed Lands is also known as the Kansas Gap Analysis Project. The Kansas Gap Analysis Project, as part of the National Gap Analysis Project, has developed the Stewardship Coverage to identify the locations of land areas owned by either public or private entities that contribute to the preservation of biodiversity in the state of Kansas. NOTE: The Environmental Protection Agency does not guarantee the accuracy, completeness, or timeliness of the information shown, and shall not be liable for any injury or loss resulting from reliance upon the information shown. WRN 08-006_1 March 17 2008 JMB Kansas Sub-Area Planning Map FOR OFFICIAL USE ONLY © EPA Region 7 ------- AVENUE V'/I-IJUF ' AVENUE W -NEJ.7_0.Thl-S.T- ,NE 160TH RICE COUNT W 108TH AVE NE 150TH Ct3v?PT'i'CS j^A.ns qrthl Eagle Resources^cirp. STERLING RD -NigiOOtH'ST,. HUDSON:RD STREET RD Pipeline (Other) - Pipeline (Natural Gas) • Pipeline (NGL) « Pipeline (Product) Pipeline (Refined Product) ( County Boundary S^jJ City Boundary £" j Managed Lands (Kansas) = U.S. Highway - State Highway - Asphalt - Gravel - Dirt Quivira NWR Headquarters • Response Rally Point "'V— Stream Waterbody O »»"¦' w.ii ~ Quivira Tank? Is Inventory (Incomplete) 0 0.25 0.5 1 Miles 1 I I I I I I I I Quivira National Wildlife Refuge 5EPA Region 7 ------- •Scenic1 By Wc REDWIljlG 3 Miles to Claflin Response Rally Point iinionPagfic^ajlroad, HOI-SIN 'WEMOO-RD IiMiSAS -Refuge HQ": 'Visitors Center« Pipeline (Other) ------ Pipeline (Natural Gas) Pipeline (NGL) Pipeline (Product) Pipeline (Refined Product) City Boundary «" J Managed Wildlife Areas Nature Conservancy Property C National Wetlands Inventory (Incomplete) —1—*— Railroads Interstate 1 U.S. Highway —— State Highway Cheyenne Bottoms Roads Closed Open Unspecified - - - • Wetlands and Wildlife Scenic Byway Spjfj Wildlife Refuge HQ ® TNC Shop © Visitors Center P Parking Stream Waterbody Cheyenne Bottoms Oil Wells f [STAFFORD j RENO "" L X: I W m N 0.25 0.5 J I I I L J L 1 Miles J Data Sources: Transportation: GDT dynamap 2000 (2004) Waterbodies: National Hydrolgraphy Dataset (USGS) Pipelines: NPMS (Dept. Of Transportation) 2003 Cheyenne Bottoms and Quivira Specific Data (Unkown) Managed Lands: State of Kansas (DASC) 2005 National Wetlands Inventory: US Fish and Wildlife (DASC) Managed Lands is also known as the Kansas Gap Analysis Project. The Kansas Gap Analysis Project, as part of the National Gap Analysis Project, has developed the Stewardship Coverage to identify the locations of land areas owned by either public or private entities that contribute to the preservation of biodiversity in the state of Kansas. NOTE: The Environmental Protection Agency does not guarantee the accuracy, completeness, or timeliness of the information shown, and shall not be liable for any injury or loss resulting from reliance upon the information shown. WRN 08-006_1 jmb March 17, 2008 Cheyenne Bottoms Wildlife Area FOR OFFICIAL USE ONLY © EPA ^I4f Region 7 ------- |